Court modified a prior order in a writ petition regarding retirement dues. Originally awarded to a deceased employee, benefits are now directed to his widow upon verification of death details.
Order dated 08.06.2017 in W.P.(S) No. 3561/2006 modified to direct payment of dues to Lakshmi Devi (widow) instead of Prabhu Ram (deceased).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Civil Review No. 67 of 2017
Lakshmi Devi ….. Petitioner
Versus The State of Jharkhand & Others ….. Respondents
CORAM HON’BLE MR. JUSTICE RAJESH SHANKAR
----For the Petitioner: Mr. Amritansh Vats For the State: Md. Shamim Akhtar, G.A-III
10/13.07.2018 The present review petition has been preferred by Lakshmi Devi stating, inter alia, that her husband (Prabhu Ram) had preferred a writ petition being W.P.(S) No. 3561/2006 before this Court for quashing the order dated 20.02.2006 (Annexure-6 to the writ petition) issued under the signature of the District Superintendent of Education, Garhwa, whereby the claim of the writ petitioner for payment of his retiral dues was rejected on the ground that the scheme under which the writ petitioner was posted had already been closed w.e.f. 16.05.2001. It was further prayed in the said writ petition for issuance of direction upon the respondent authorities to release the entire retiral dues including gratuity and leave encashment and to forthwith fix and finalize the pension as well as to release the arrears of salary of the writ petitioner.
The said writ petition was disposed of vide order dated 08.06.2017 of this Court directing the District Superintendent of Education, Garhwa to make payment of gratuity and to forthwith take steps for fixation of pension of the writ petitioner (Prabhu Ram) as well as to pay him the arrears of the pension within a period of four months from the date of receipt/production of a copy of the order. The District Superintendent of Education, Garhwa was further directed to make payment of other dues such as leave encashment and admitted amount of arrears of salary, if not already paid to the writ petitioner, within the aforesaid period along with the interest @ 6% per annum till the date of final payment.
Mr. Amritansh Vats, the learned counsel for the review petitioner, submits that after disposal of the said writ petition, when he tried to contact Prabhu Ram [the petitioner of W.P.(S) No. 3561/2006], his widow Lakshmi Devi (the review petitioner) informed him that Prabhu Ram had already died on
18.11.2015. Since the said fact could not be brought to the notice of this Court before disposal of the said writ petition, Lakshmi Devi (the widow of Prabhu Ram) has preferred the present review petition so that the admissible amount and the other consequential benefits required to be paid/extended in favour of her husband-Late Prabhu Ram in terms with the order dated 08.06.2017 passed in W.P.(S) No. 3561/2006 can now be paid/extended in her favour being the widow of Late Prabhu Ram.
A counter affidavit has been filed on behalf of the District Superintendent of Education, Garhwa stating, inter alia, that so far as the question of verification of the death certificate and the list of the family members of Late Prabhu Ram is concerned, the same was sent to the Registrar (Birth & Death), RIMS, Ranchi and the Circle Officer, Nodiha Bazar, Palamau vide his office memo Nos. 535 & 536 dated 07.06.2018 respectively. The Circle Officer, Nodiha Bazar, Palamau has sent the ‘Kursinama’ of the family of Late Prabhu Ram vide his letter as contained in memo No. 132 dated 18.06.2018.
On perusal of the ‘Kursinama’ of the family of Late Prabhu Ram annexed with the counter affidavit, it appears that the review petitioner (Lakshmi Devi) has been shown as the widow of Late Prabhu Ram (the writ petitioner). The death certificate of Late Prabhu Ram has also been annexed showing his date of death as 18.11.2015.
Considering the aforesaid facts and circumstances, the order dated 08.06.2017 passed by this Court in W.P.(S) No. 3561/2006 is modified to the extent that the payment of all the admissible dues mentioned therein including the consequential benefits shall be made/extended to the review petitioner, namely, Lakshmi Devi.
The present review petition is accordingly disposed of.
Consequently, I.A. No. 3359/2018 also stands disposed of.
(RAJESH SHANKAR, J)
Satish/-
1 issue framed by the court
Whether the benefits under the order in W.P.(S) No. 3561/2006, awarded to the husband, should now be granted to his widow after his death was brought to notice.
Lakshmi Devi
The State of Jharkhand & Others
Rajesh Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
