MALTI DEVI Vs. JHARKHAND URJA VIKAS NIGAM LTD.

JUDGEMENT

(1.) The learned counsel for the petitioner is absent.

(2.) Prayer in the writ petition is for a direction upon the respondents to pay gratuity and leave encashment payable to the petitioner's husband with 12% interest from date of entitlement.

(3.) In the counter-affidavit the respondents have taken a stand that the husband of the petitioner died on 22.05.2011, however, the petitioner did not submit the papers for payment of death-cum-retiral benefits, gratuity, G.P.F etc. till 26.11.2013 and those were received in apex board on 112.201 It is stated that family pension has been sanctioned for the petitioner and she has been paid G.P.F and G.S.S amounts payable to her husband. The respondents have taken a stand that gratuity and leave encashment can be paid to the petitioner only after she vacates the official quarter allotted to her husband. The respondents have relied on letter dated 11.04.2000 for not releasing gratuity and leave encashment to the employee on the above ground.