Disposed

Sabita Banerjee v. the State of Jharkhand

Jharkhand HC1 Jul 2019WPC/1723/2019

Case brief

AI extract

What is this about?

In a writ petition concerning deathcum-retiral benefits of a deceased teacher, the High Court directed the respondents to re-examine the claim if a fresh representation with relevant documents including a succession certificate is filed within four weeks. The court further directed payment within three weeks if entitlement is established.

What did the court decide?

Direction to respondent No.3 to decide on fresh representation within six weeks and pay benefits within three weeks if entitled.

Sabita Banerjee Vs the State of Jharkhand — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P. (S) No. 1723 of 2019

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Sabita Banerjee. … …Petitioner

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-Versus-

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The State of Jharkhand.

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Deputy Commissioner, Dhanbad, P.O., P.S. & District-Dhanbad.

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District Superintendent of Education, Dhanbad, P.O., P.S. & District-Dhanbad.

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Drawing and Disbursing Officer, Middle School, Baliapur Block, P.O. & P.S. Baliapur, District-Dhanbad. … …Respondents -------------

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CORAM: THE HON’BLE MR. JUSTICE DR. S.N.PATHAK

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For the Petitioner : Mr. Shekhar Prasad Sinha, Advocate. For the Respondents : Mr. Hemant Kumar Gupta, Advocate.

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04/ 01.07.2019 The petitioner has approached this Court with a prayer for direction upon the respondents to pay the entire retiral benefits in terms of Office Order contained in Memo No. 546/Dhanbad dated 07.03.2018 issued by the District Superintendent of Education, Dhanbad whereby Respondent No.4 (Drawing and Disbursing Officer) has been directed to pay the total amount of deathcum-retiral benefits of late Alpana Banerjee (an unmarried Assistant Teacher) amounting to a sum of Rs. 24,29,679/- with interest since she has died in harness on 10.11.2015 and succession certificate dated 18.09.2017 has been issued in the name of her husband Amar Nath Banerjee (since deceased) by the learned District Delegate cum Civil Judge (Sr. Division) 1^st , Dhanbad in connection with Succession Certificate Case No. 107/2016 pursuant to judgment and order dated 29.06.2017 passed by learned District Delegate, Dhanbad.

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It is the case of the petitioner that deceased Alpana Banerjee died in harness on 10.11.2015 and she was an unmarried Govt. School Teacher posted at Primary School, Dhobi Tola, Baghmara, Baliapur Anchal, DistrictDhanbad. The petitioner’s husband, who was full brother of the deceased Alpana Banerjee filed a succession certificate showing his entitlement to get the entire death cum retiral benefits of her late sister. An application under Section 372 of the Indian Succession Act was filed before the District Delegate, Dhanbad in Succession Certificate Case No.107/2016 which was

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allowed by judgment and Order dated 29.06.2017 passed by the learned District Delegate, Dhanbad. After receiving succession certificate, late Amar Nath Banerjee approached the competent authority for getting death- cumretiral benefits.

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It is specific case of the petitioner that an order was passed for disbursing the amount to her late husband, who was in possession of the succession certificate but before the amount could have been received by her late husband, he died on 15.11.2018 and as such the petitioner, who is the legally wedded wife and her late husband, who was the full brother of deceased Alpana Banerjee becomes entitled for the entire benefits as per the law. Since the entire amount was not paid, the petitioner has knocked the door of this Court.

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Mr. Shekhar Prasad Sinha, learned Counsel appearing for the petitioner submits that the petitioner is entitled for entire retiral benefits as per the law and accordingly she had earlier made a representation but the same was not considered and no amount has been paid till date. However, the same has been disputed by the respondent-Counsel.

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In view of the submission of the parties, this writ petition is disposed of with a direction to the respondents that if a fresh representation is filed annexing all the relevant documents including the succession certificate within a period of four weeks from the date of receipt of a copy of this order, the respondent No.3 shall take a decision and pass a reasoned order within a period of six weeks from the date of receipt of such representation.

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Needless to say, if it is found as per the succession certificate and the earlier order passed by the competent authority that petitioner is entitled for the entire benefits, the same shall be paid to her within a further period of three weeks.

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The writ petition stands disposed of.

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P.K.S.

Sabita Banerjee v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Sabita Banerjee v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

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