BIRSI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a direction on the respondents to pay the death -cum -retiral benefits payable to her after the death of her husband. It has been stated that the petitioner's husband late Maniram was working as Chaukidar in the Public Health Department at Chakradharpur. He died in harness on 3.12.1987. After the death of her husband, the petitioner was entitled to get all the death -cum -retiral dues of her late husband, but in spite of repeated requests and representations nothing has been paid till date.

(2.) WHEN the case was earlier taken up on 20.8.07, learned G.A. was granted time to seek instruction and file counter affidavit with observation that pendency of the writ petition shall not come in the way of the respondents in redressing the petitioner's grievance. Again when the case was taken up on 11.12.07, one week's more time was granted for filing counter affidavit. When the case is taken up today, it has been informed that no counter affidavit could be filed. Learned G.A. also informed that he has not even received any instruction from the concerned department.

(3.) MR . R.P. Gupta, learned counsel appearing on behalf of the petitioner, submitted that the petitioner is a widow and she has been put to suffer harassment and financial hardships by the department as not a single farthing has been paid towards the death -cum -retiral dues of her late husband even after 20 years of death of her husband. The department is not responding in spite of knowledge of filing this writ petition. No instruction even has been sent to learned GA by the department which is awaited since August 2008.