LAWS(JHAR)-2012-3-159

MOST.RATNI DEVI Vs. STATE OF JHARKHAND

Decided On March 21, 2012
Most.Ratni Devi Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Counsel for the petitioner submitted that the order dated 22nd February. 2010, passed by this Court in W.P.(S) No. 2844 of 2005, has not been complied with. It is submitted that vide this order a direction was given to the respondents to consider the decision rendered by a Full Bench of this Court in Ram Prasad Singh and another v. State of Jharkhand and others, 2005 3 JLJR 38 and decision was directed to be taken for the amount to be paid to the petitioner. Counsel appearing before the respondents have submitted that respondents have filed a detailed counter-affidavit, firstly on 13th April, 2011 and a supplementary counter-affidavit has been filed on 4th May, 2011 and respondents have considered the claim of the petitioner. The claim of the petitioner is considered and order has been passed on 26th June, 2010, which has been modified vide order dated 22nd October, 2010. These orders are at Annexures B and C respectively to the first counter-affidavit. Similarly, a detailed order has been passed on 26th April, 2011 by the Executive Engineer, which is at Annexure E to the second counter-affidavit filed by the respondents. As per this decision taken by the respondents the petitioner is ordered to be paid the following amounts covering (a) contributory provident fund (b) amount of G.I.S. and (c) amount of compensation payable due to the death of the employee. The amount which has not been sanctioned by the' respondents covers pension gratuity and arrears of Leave salary in the light of the Rule No. 45 of the Pension Rules. Moreover, it is submitted by the counsel for the respondents that the order passed by the respondents dated 26th June, 2010 as well as 22nd October, 2010 as well as the order dated 26th April, 2010, not being challenged by the petitioner, is accepted by the petitioner and in view of these facts this contempt application is liable to be dismissed.

(2.) Having heard counsel for both sides and looking to the facts and circumstances of the case, order dated 22nd February, 2010 passed by this Court in W.P.(S) No. 2844 of 2005, it appears that a direction was given to the respondents to decide the claim of the petitioner for retirement dues in the light of the decision rendered by this Court in Ram Prasad Singh and another v. State of Jharkhand and others, 2005 3 JLJR 38 . It further appears from the facts of the case that the decision was taken by the respondents on 26th June, 2010 with modification order dated 22 October, 2010, which are at Annexures B and C to the counter-affidavit dated 13th April, 2010. Thereafter, it further appears that on 26th April, 2011, the Executive Engineer, Road Construction Department passed an order, which is at Annexure E to the second counter-affidavit filed by the respondents dated 4th May, 2011. Vide this order, it appears that the petitioner is ordered to be paid the amounts covering (a) contributory provident fund (b) amount of G.I.S. and (c) amount of compensation payable due to the death of the employee. The amount which has not been sanctioned by the respondents covers pension, gratuity and arrears of Leave salary in the light-of the Rule No. 45 of the Pension Rules and it has been sated that looking to Rule 45 of the pension rules, petitioner can not be paid amount of pension, gratuity and arrears of leave salary. Thus, respondents have passed detailed orders as stated herein above. As the aforesaid orders have not been challenged, thus petitioners have accepted this orders. Moreover, looking to the direction given by this Court it is apparent that direction given by this Court have been complied with.

(3.) Hence, this contempt application is dismissed.