DUGI MUNDAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ADMITTEDLY , in pursuance of the order of the Full Bench, order has been passed on 10.1.2008 by the authority concerned. Now counsel for the petitioner would submit that though order had been passed rejecting the claim of the petitioner, the same is not in consonance with the order of the Full Bench, and as a matter of fact, order has been passed against the letter and spirit of the order passed by the Full Bench.

(2.) IT is noticed that finding given by the Full Bench is that the work -charged employees working against a post, in regular scale of pay, on their retirement and after their death, their heirs/dependents are entitled to claim death -cum -retiral benefits, such as, pension/family pension, gratuity, leave encashment etc. apart from the G.P.F. and Group Insurance amount. In Paragraph 20 of the judgment, the Full Bench directed the authorities to decide the individual claim of each of the petitioners including the present petitioner and if any amount is found payable in favour of one or other petitioner towards death -cum -retiral benefits, such as pension/family pension, gratuity, leave encashment, etc. the respondents will pay the admitted dues within a periods of four months from the date of production of a copy of the judgment. On the other hand, if one or other authority disputes any claim of one or other petitioner the authority will communicate the grounds to such petitioner. Now the Supplementary show -cause filed by the respondents would indicate that in pursuance of the order of the Full Bench already order has been passed on 10.1.2008 stating inter alia that the husband of the petitioner was a work -charged employee and though he was getting regular scale of pay he was not appointed against any sanctioned post and as such petitioner is not entitled to claim pension.

(3.) WITH this observation the petition stands disposed of.