ANURADHA GUPTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for petitioner, State and the Private Respondent. Petitioner No. 1, Anuradha Gupta is the second widow of late Dr. S.N. Gupta and petitioner No. 2, Ujwal Prakash is the son born out of the said wedlock. The private respondent No. 6, Smt. Shakuntala Devi is the first wife of late Dr. S.N. Gupta, which is not in dispute as per the statement made in para 21 of the writ petition itself. The present petitioners had earlier approached this Court in W.P.S. No. 5291 of 2005 seeking death cum retiral dues of the deceased employee.

(2.) A reasoned order was passed by the Secretary, Health Department Government of Jharkhand on 13.9.2007(part of Annexure-8 series) in which the case of the petitioner and the private respondent No. 6 were both considered. As per the said order the claim for G.P.F of petitioner No. 1 was forwarded by the Principal, Patliputra Medical College, Dhanbad through letter dated 22.11.2002 to the competent authority, Director Health Services, Patna for approval. In respect of the claim of pension gratuity and earned leave, it was indicated that relevant documents an details for processing the said claim had not been received. In respect of group insurance amount, it was stated that since the deceased has not deposited his contribution from March 1996 till his death in May 1997, the principal amount with interest payable under the Group Insurance Rule 1979 would be paid for which sanction was accorded to the Principal Patliputra Medical College, Dhanbad.

(3.) Thereafter, in view of the said reasoned order dated 13.9.2007, the contempt petition preferred by the petitioner being Cont. (Civil) Case N(sic) 397 of 2006 was disposed of vide order dated 12.10.2009(part (sic) Annexure-8 series). Petitioner, however has challenged the said reason(sic) order, though it did not straightway denied most of the claim of the petitioners. They have also sought payment of admissible death cum retiral dues; Leave Encashment; G.P.F amount; Gratuity; Group Insurance and Family pension to the petitioners.