MITHILESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRAYER in this writ application has been made for issuance of a direction upon the respondents to pay to the petitioner death -cum -retiral dues with interest which was payable in the account of the petitioners father late Bindhyachal Prasad, who was an employee under the respondent State Government and who died in harness on 27.8.1975 while working as Supervisor Grade III under the respondent no. 4, Executive Engineer, Mechanical Division, Palamau.

(2.) PETITIONERS case in brief is that his father late Bindhyachal Prasad was employed initially as an Assistant Store Keeper on 6.8.1965. He was subsequently promoted to the post of Time Keeper on 3.11.1966 and thereafter promoted to the post of Supervisor Grade III. He died in harness while working under the Executive Engineer, Irrigation Department, Mechanical Division, Palamau on 27.8.1975.

(3.) A counter -affidavit has been filed on behalf of the respondents. In their counter -affidavit, respondents have admitted that the petitioners father late Bindhyachal Prasad was appointed under the respondents in the office of Executive Engineer, Irrigation Department, Mechanical Division, Palamau and he died on 27.8.1975 while working as Supervisor Grade III. The stand taken by the respondents is that the petitioners father was working in the Work Charged Establishment and as such, his dependents were not entitled either for appointment on compassionate grounds or for getting benefits of family pension, gratuity and group insurance, etc. Nevertheless, a cheque bearing no. A/4 186643 dated 1.9.2006 amounting to Rs. 2760=00 which was assessed as legitimate dues payable in the account of the deceased employee, was prepared and the petitioner was intimated to collect the same, but the petitioner did not turn up to collect the cheque.