TARA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ application is for quashing the Office Order dated 02.07.2007 (Annexure -14) issued by the respondents whereby the petitioners claim for arrears of salary in the account of her deceased husband for the period 22.12.1985 to 26.11.2001 along with the arrears of bonus, gratuity for 33 years of service, leave encashment, group insurance amount, arrears of provident fund, pension and her claim for appointment of her son on compassionate ground, has been rejected.

(2.) THE petitioners husband was employed as Assistant Teacher in the Government Girls School, Tamar, Ranchi and died in harness on 26.11.2001. The petitioner, thereafter approached the concerned authorities for payment of retiral dues which was payable in the account of her deceased husband. When she received no response from the respondents, she filed a writ petition in this Court vide W.P. (S) No. 4105 of 2002. By order dated 25.06.2003, the writ petition was disposed of by this Court with a direction to the respondents to release all the admitted retiral dues legally payable to the petitioner and pay the same to the petitioner before the Lok Adalat on 13th July 2003. It was also observed that if the petitioner shall have any further grievance, she would be at liberty to file representation.

(3.) A counter affidavit has been filed by the respondents. Denying and disputing the claim of the petitioner, the stand taken by the respondents is that the deceased husband of the petitioner was employed as an Assistant Teacher in the Government Girls Middle School, Tamar from 28.02.1966. The said school was taken over by the State Government in the year 1978. The deceased husband had continued to work in the school till December 1985. On 28.12.1985, he submitted an application for medical leave up to 31.01.1986 on the ground of his illness but thereafter, he did not join duty and remained absent without information and later, had died.