- (1.) THE petitioner, Smt. Vijay Kumari Devi, has filed this writ petition seeking a writ of mandamus commanding the respondents to pay the amount of provident fund, gratuity and group insurance etc., as a result of death of her husband, Late Dr. Sheo Mangal, who was working as Medical Officer in the department of Medical and Health, and died on 30.4.1996. Thereafter, petitioner send a representation dated 20.6.1996 requesting respondent No. 3 to pay entire post death dues including amount of provident fund, gratuity, group insurance, leave enacashment etc. The respondents after almost a year, vide order dated 16.6.1997 sanctioned family pension to the petitioner and paid 90% amount of gratuity, withholding 10% on the condition that the same shall be released later on. The amount of provident fund and link insurance etc. was not paid. On 17.6.1999, the amount of gratuity was revised and direction was issued for payment of an additional amount of Rs. 31,520/-but the payment was not actually made.
(2.) THE respondents have filed counter-affidavit stating that the provident fund and gratuity has already been paid and the amount of link insurance could not be paid due to non-completion of certain formalities by the petitioner. It is said that 10% amount of gratuity which was withheld could not be paid since the petitioner did not make available Form 2 and 3 on account whereof the said payment was stopped by the Pension Directorate. The said forms were made available by the petitioner subsequently and were forwarded by respondent No. 3 vide letter dated 22.11.2000 to the Pension Directorate. The amount shall be paid after receiving sanction from the Pension Directorate. With regard to payment of provident fund, it is said that a sum of Rs. 1,48,746/- was paid on 24.9.2001 and a sum of Rs. 35,886/- was paid on 17.7.2002. A supplementary counter-affidavit has also been filed stating that the amount of link insurance has now been paid vide cheque dated 28.4.2006 and now the entire amount has been paid to the petitioner. The petitioner in the rejoinder affidavit has said that the respondents paid outstanding dues after a long time since death of her husband. This shows negligence and carelessness inasmuch the sum of Rs. 1,48,746/- towards part of provident fund was paid on 24.9.2001, and balance amount was paid on 17.7.2002. Similarly, despite the fact that the payment of link insurance Rs. 30,000/- was sanctioned by the Addl. Director vide order dated 7.11.2002, yet it was actually paid only vide cheque dated 28.4.2006. It is contended that delay in payment of the aforesaid dues entitle the petitioner for interest on the aforesaid amount inasmuch the delay is wholly arbitrary and without any reason whatsoever.
(3.) WE have heard Counsels for the parties and perused the record.;