VIDYANAND SINGH Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2010-5-140
HIGH COURT OF JHARKHAND
Decided on May 26,2010

Vidyanand Singh Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

D.G.R. Patnaik, J. - (1.) I .A. No. 1784 of 2010 has been filed on behalf of the petitioner praying therein for modification of the order dated 23.04.2010, whereby a cost of Rs. 1,000/ - has been imposed on the petitioner and also for exemption of the cost.
(2.) IT is sought to be explained in the Interlocutory Application that after the retirement of the employee on 31.08.2000, the provisional pension was fixed and used to be paid to him. The claim for allowing second time bound promotion with effect from 21.07.1091 and the difference of salary pursuant to the enhanced pay after the second time bound promotion amounting to Rs. 8,484/ - was paid to the wife of the deceased employee on 08.11.2008 and further arrears to the extent of Rs. 21,512/ - were also paid on the same day to her. It is further explained that pension of the employee was finalized on 27.03.2009 and arrears arising from the pensionary benefits and gratuity benefits were paid by the Accountant General, after issuing the authority slip to the wife of the deceased employee. It is also explained that since the employee had died, therefore, the family pension to the extent of Rs. 3,090/ - has also been fixed and it is being paid regularly to the widow of the deceased employee since 01.07.2008.
(3.) COUNSEL for the Respondents submits that there was apparently a communication gap between the wife of the deceased employee and the counsel for the petitioner which has led to a confusion, and creating an impression in the mind of this Court that in spite of repealed orders, the retiral dues have not been paid to the petitioner, whereas the fact of the matter is that the retiral dues was fully paid by 08.11.2008 itself and the arrears of pension have also been paid to the wife of the deceased employee.;


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