LILAWATI MISHRA Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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(1.) The following questions arise for consideration in the instant writ petition:-
1. Whether denial of earned remuneration and post retiral benefits constitute an infringement of the right to life under Article 21 of the Constitution of India?
2. Whether the acts of the State in delaying the disbursement of retiral benefits can be countenanced given the established notion of the State as a Model Employer?
3. Whether a case is made out for punitive damages/heavy cost in the instant set of facts in light of the inordinate lapses?
4. Whether the State is obligated to constitute an effective grievance redressal mechanism with respect to payment of legitimate dues of a salaried employee, including pension and other post retiral benefits, to ensure that earned dues are disbursed on time?
(2.) The petitioner namely Lilawati Mishra (referred to as the petitioner) is the wife of late Shri Krishna Kumar Mishra (hereinafter referred to as the employee), whose salary in arrear and non-disbursement of retiral benefits are the subject of this petition.
(3.) The employee was appointed as a Temporary Estimator on 5/12/1961 and joined the office of Superintending Engineer Chhotanagpur Circle. After a series of internal and interdepartmental postings in several districts such as the office of Executive Engineer, Ranchi Division, Rajendra Agriculture College, Pusa, etc., he was promoted to the post of Assistant Engineer in1994 and was to join the office of Executive Engineer, Advance Planning Division, Munger Road Construction Department, but since his joining was not accepted, was ultimately allowed to retire on 31/12/1996, without getting such posting.;
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