SAROJINI KISKU WIFE OF LATE VARNWAS MALTO RESIDENT OF VILLAGE-JHIKRABANDH BASKAULA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The aforesaid writ applications being preferred by the first wife and the second wife of late Barnarwas Maltu, working as a Panchayat Sevak, who died in harness on 11.07.2011, inter alia, prayed for payment of post-retirement benefits after quashing of the letter dated 26.02.2013 and 09.05.2013 respectively and further prayer has been made by the petitioners for direction upon the respondents for making payments of all retiral benefits to the respective petitioners.

(2.) The brief facts, as averred in W.P. (S) No. 3007 of 2013 are that after premature death of her husband on 11.07.2011, the petitioner being the natural guardian of three daughters made a detailed representation before the respondent-authorities for payment of postretirement dues and subsequently, since the representation did not evoke any response, the petitioner again submitted his representation vide Annexure-3 to the writ petition. Thereafter, vide letter dated 26.02.2013, the petitioner was intimated that approval for release of retiral benefits has been obtained from the office of the Deputy Commissioner and the payment thereof, could be made to one illegitimate child of the deceased, as evident from Annexure-4 to the writ petition. Being aggrieved by the letter dated 26.02.2013, wherein, it has been mentioned that all the retirement benefits of the deceased husband would be paid to the illegitimate child of the deceased, the petitioner left with no efficacious remedy, has invoked the extraordinary jurisdiction under Article 226 of the Constitution of India.

(3.) In W.P. (S) No. 6633 of 2013, prayer has been made for quashing of the order dated 09.05.2013 (Annexure-4).