PHUL KUMARI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by petitioner for direction on the respondents to pay her the death -cum -retiral benefits including family pension to which she is entitled on the basis of last pay drawn by her husband.

(2.) THE case of petitioner is that her husband late Harendra Nath Das was in the services of the State and retired on 30th April, 2001 as Headmaster, Primary School, Radha Nagar, Circle - Pakuria, District -Pakur. He was receiving pay of Rs. 5800/ -in the revised scale. Her husband late Harendra Nath Das was not paid the total retiral benefits during his life time and died on 4th June, 2002. In the meantime, the respondents issued the impugned letter No. PEN 13 -PR -J -453 (01 -02) Sa -Patna 3077 elated 4th April,2002 for recovery of excess amount from the retiral benefits of the husband of the petitioner.

(3.) COUNSEL for A.G. (A and E) II, Bihar and Jharkhand referred to Chapter X, Rules 189 and 197(a)(i) of the Bihar (now Jharkhand) Pension Rules, 1950 (hereinafter referred to as the Pension Rules, 1950). It was submitted that the Department of the State Government is supposed to submit the pension paper and report 18 months prior to retirement of a Government Employee. In almost 100% cases, the State Government failed to submit pension paper and report till the date of retirement and they are submitted after about one year of retirement. He referred to an order passed by this Court on 17th January, 2003 in Contempt Case (C) No. 726 of 2001, Jamuna Prasad v. State of Jharkhand and Ors., wherein the Principal, A.G., Bihar and Jharkhand, Ranchi and A.G. ( A and E) II, Bihar informed the Court that the Officers of the State Government do not co -operate them to finalise, the pension and gratuity of Class -Ill and IV employees. In most of the cases, sanction orders are issued by the State Government alter one year to three years.