(1.) THE writ petition relates to death -cum -retiral benefits to which heirs of late Tapeshwar Dubey are entitled under the law.
(2.) AS the case can be disposed of on short point, it is not necessary to discuss all the facts, except the relevant one as stated hereunder : The father of petitioners late Tapeshwar Dubey was initially appointed as Food -cum -Sanitary Inspector in the District Board and subsequently taken in the services of respon -dent -Mines Board, Hazaribagh. In normal course, he was to superannuate from services of Mines Board on 31.1.1992 but the Boardallowed extension and he continued upto 31.3.1993 (for another two years). Since February, 1993. no extension was granted by the Mines Board but late Tapeshwar Dubey was given engagement on daily wage till February, 1996. After retirement, total benefits were not paid and certain amounts were ordered to be recovered. In the meantime, the employee, Tapeshwar Dubey died which was the reason for the heirs (petitioners) to move this Court for benefits.
(3.) THE respondents in their counter -affidavit has taken plea that a sum of Rs. 69,648/ - was paid to late Dubey during the extension of service which has been ordered to be recovered from the benefits. Further statement made that the amount of wages paid to him as Rs. 35,490/ - was also suggested to recover from such death benefits in view of audit objection. The respondents are directed not to make any recovery from the death -cum -retiral benefits of late Tapeshwar Dubey in respect to the period he continued in service on extension and/or was given appointment on daily wage.