RADHA DEVI Vs. HINDUSTAN COOPER LIMITED

JUDGEMENT

(1.) Heard counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner is widow of one late Madan Mohan Singh, who was the teacher in I.C.C. Middle School, Moubhander, East Singhbhum, having been appointed on 01st April 1956. The petitioner's husband, during his life time, had pursued a litigation on the question of grant of junior selection grade which went up to the Hon'ble Supreme Court. By the judgment at annexure-1 dated 6th April 1998, the Hon'ble Supreme Court in the Civil Appeal No. 1915/1998 preferred by the husband of the petitioner against the dismissal of his writ petition for the said relief, allowed the appellant to file a necessary declaration in the prescribed format to his employer and thereafter, the employer was directed to consider the case of the appellant and pass appropriate orders in the matter of grant of junior selection grade to the appellant within a stipulated time. Incidentally, respondents had not granted the selection grade to the petitioner's husband earlier on his resistance to file a declaration in the required format which had led to the said litigation. However, after passing of the judgment by the Hon'ble Supreme Court, and on filing of the said declaration, the respondent school granted the benefit of senior selection grade with effect from 30th April 1998 by letter dated 6th June 1998. The petitioner's husband however, proceeded on leave and respondents chose to terminate his services by order dated 22nd February 1999 while rejecting his application for leave. The said order of termination was challenged by the husband of the petitioner in CWJC No. 2769/1999 (R). Learned Single Judge while allowing the said writ petition by judgment dated 26th March 2001 (Annexure-3) on the ground of failure to comply with the principles of natural justice, observed that after the order of termination, the said petitioner had attained the age of superannuation on 2nd July 1999 and therefore, liberty was given to the respondents to release the retiral benefits taking into consideration the actual date of superannuation of the said petitioner. Learned Single Judge also noticed the statement made on behalf of the respondents that the said petitioner had been granted the benefit of senior selection grade with effect from 30th April 1998 after the matter was remitted by the Hon'ble Supreme Court. Thus, the writ petition was allowed by directing the respondents to pay the rest of the retiral benefits as some of the benefits had already been released.

(3.) Incidentally, it now transpires that the husband of the present petitioner had already died on 31st May 2000 as also averred in the writ petition itself. The present petitioner being the widow, has preferred this writ application seeking a direction upon the respondents to grant the benefits of the junior selection grade with effect from 01st April 1984, senior selection grade with effect from 01st April 1987 and the benefits of revised pay scale from 01st January 1986 of her husband as also consequential arrears arising out of the said difference in salary and accrued in the post retirement-cum-death benefits with interest.