CHANDAN KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred for getting payment of 10% final pension and gratuity, payment of arrears of differences of pay scale for the due period w.e.f. 16th July, 1991 to 30th June, 1994 in the account of IInd Time Bound Promotion allowed to petitioner's late father w.e.f. 16th July, 1991, due arrears of difference of pay scale to the tune of Rs. 1241/ -for the period 16th July, 1995 to 25th May, 1996, payment of un -utilised earn leave for 240 days, payment of full salary for the suspended period i.e. w.e.f. 19th November, 2000 to 28th February, 2001, payment of family pension to the petitioner being 18 years of age, because mother of the petitioner who was receiving provisional family pension also expired and all payment be made with 18% and cost of this litigation.

(2.) LEARNED counsel for the petitioner submitted that the father of the petitioner retired on 30th June, 2002 and he was working on the post of truck driver with respondent no. 6, thereafter, father of the petitioner has not been paid any of the aforesaid dues, thereafter, father of the petitioner expired on 8th October, 2002, still thereafter, also no dues were paid for several months and mother of the petitioner has also expired on 15th March, 2005 and payment ad -hoc gratuity and ad -hoc pension is going on and final amount of gratuity and pension has not been finalised. Even the family pension, which was being paid by the respondents has also now been stopped, though the petitioner is legally entitled, being son of the deceased employee. The aforesaid dues are yet to be paid. One by one the family members are expiring.

(3.) IN view of the peculiar facts of the present case and looking to the lethargic approach of the subordinate of respondent no. 2, I hereby direct respondent no. 2 to decide the retirement benefits of father of the present petitioner and to treat this petition along with annexures and replies filed by the Government, as a representation of the present petitioner and all the retirement benefits legally payable to the present petitioner in accordance with law, rules, regulations and policies and legally enforceable order of the Government will be paid. I hereby direct respondent no. 2 to decide the representation within a period of four months from the date of receipt of the order of this Court. This exercise may be done either personally by respondent no. 2 or by assigning this work to his subordinate, but, not below the rank of Deputy Secretary.