LALITA SHUKLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner came before this Court for grant of compensation of Rs. 10,00,000/- (Ten Lacs) on account of permanent disablement, which her husband, Shri Gokul Shukla suffered during the course of duty in the Parliamentary By-Election on 27.3.2007 while working as a Assistant Teacher under the respondent-Government. She has further grievances of medical reimbursement of the medical expenses of her husband for undergoing a prolonged treatment which have also not been paid amounting to Rs. 48,989.00/-which has swelled approximately to Rs. 94,000/-. The petitioner has also made a claim that the period for which her husband was not served due to the injury, should be treated as Medical (Special) Leave and not earned leave. Learned counsel appearing for the petitioner has relied upon the judgment in the case of Rajesh Kumar vs. The State of Jharkhand,2009 4 JLJR 516, dated 3rd December, 2008 in order to advance his submission.

(2.) The respondents herein in their counter affidavit stated that the grievances of the petitioner have been redressed and Rs. 10,00,000/- (Ten Lacs) has been paid as compensation vide memo dated 2nd August, 2008 which has also been received by her on 15th September, 2008. Moreover, earned leave for the period of 28th March, 2007 to 31st September, 2007 has been sanctioned vide memo No. 2245 dated 31st December, 2007 and Leave salary for the same has been paid. Current salary is also being paid regularly to the petitioner's husband. The petitioner's husband has also been put on deputation in a School at a very near distance namely Middle School, Upper Loula, (Latehar) where he is working, So far as the question of sanction of 'Ashakta Awkash' is concerned, it has been forwarded to the. Department for necessary action. The grievances of the petitioner have been substantially redressed.

(3.) Learned counsel for the petitioner, however, submits that the arrears of salary for the period up to 18th June, 2009 have yet not been paid when he resumed his duty after final treatment and he has since become paralyzed from below the waist and has to move on a wheelchair with the help of Aid.