RASHMI REKHA NAG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is directed against the judgment dated 22nd May, 2009 passed in W.P.(S) No.2232 of 2008 by the learned Single Judge. The writ petitioner is the appellant. As the facts on record reveal appellant's husband died on 7th December, 2004 in an extremist violence while posted as Senior Police Officer leaving behind the appellant-widow and two sons. The appellant approached the writ court for payment of the benefits arising out of Government Notification No. 350 dated 21st March, 2001; for payment of a sum of Rs.500/- per month from the Jharkhand Police Benevolent Fund as recommended by the Superintendent of Police on 9th May, 2006; and for payment of family pension and other admissible dues including the payment of salary of deceased on the scale of pay applicable to the officer of the rank of Deputy Superintendent of Police.

(3.) In terms of notification dated 21st March, 2001, which assures certain benefits to the dependents of the deceased State Government employees, a sum of Rs.10,00,000/- (Rupees Ten lacs) was paid by way of ex-gratia to the writ petitioner-appellant. There is no dispute so far as the payment of total monthly salary of the deceased Government servant which he would have earned till the date of his retirement. There was no dispute either relating to claim for compassionate appointment in lieu of the death of the employee. The writ petitioner had also no grievance relating to provision of rent for Government Quarter for a period of one year. As the facts unfold the grievances was centered around payment of installments of Rs.500/- per month under the Jharkhand Police Benevolent Fund and; the expenses of education of the two dependent children of the deceased Government servant and claim of family pension and other admissible dues in the scale of pay applicable to the officer of the rank of Deputy Superintendent of Police.