LAKHO DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties. The petitioner claims herself to be mother of one Late Rajendra Paswan who had died in harness in 13.9.1989 while posted as Hawaldar under the Respondent- erstwhile Government of Bihar. The widow of late Rajendra Paswan is said to have been appointed as lady constable at Railway Station, Tatanagar on compassionate grounds, thereafter, but the said lady, said to be named as Nilam Devi also died on 30.6.1996. After the death of Late Rajendra Paswan application was made for grant of succession certificate by the petitioner and after issuance of the same, in the year 1993 the petitioner preferred representation before the Superintendent of Police, Rail Police, Jamshedpur for making payment of death benefit to her son. However, the widow Nilam Devi objected to the same and, thereafter, on the basis of a compromise between the present petitioner and the said Nilam Devi, another succession certificate was issued on 23.3.1996 in which both the ladies were granted succession certificate for 50% of the payment of the death cum retirement benefits of Late Rajendra Paswan. However on the death of said Nilam Devi, immediately thereafter in June 1996, again the petitioner obtained succession certificate(Annexure-9) dated 29.5.2003 in respect of the Provident Fund, Gratuity and Insurance dues of Late Nilam Devi. However, it appears that the respondent- authorities of the Railway Police, have refused the claim of the petitioner on the ground that mother-in-law cannot be paid gratuity/ P.F dues in terms of the provisions which are applicable in the department. Moreover, the name of deceased employ as shown in the service book is Lilam Devi @ Lulam Devi whereas the certificate produced was in respect of Nilam Devi. Counsel for the petitioner however, submits that the payments of death cum retirement benefits of even Late Rajendra Paswan were also not paid to the petitioner in view of the successive events that ensued on the death of the widow of late Rajendra Paswan as well.

(2.) THE respondent- Superintendent of Police, Rail, Jamshedpur has appeared and filed his counter affidavit. In that view of the matter, the petitioner may approach the respondent- Superintendent of Police, Rail, Jamshedpur with her representation for redressal of her grievances relating to payment of outstanding dues of death cum retirement benefits of Late Rajendra Paswan, said to be deceased son of the present petitioner within a period of 3 weeks with all supporting documents. In case such representation is made before the Superintendent of Police, Rail, Jamshedpur, he shall consider the same in accordance with law after due verification of the records and pass a reasoned and speaking order within a period of 16 weeks, thereafter which shall be communicated to the petitioner. In case the claim of the petitioner is found genuine and legally admissible, the same shall be paid with the aforesaid 16 weeks period. This writ petition is disposed of in the aforesaid terms.