CHANDRA PRABHA DEVI WITH JAGO MANDAL WITH VEENA DEVI WITH RAM DAS MANDAL Vs. REGIONAL INSTITUTE OF TECHNOLOGY
LAWS(JHAR)-2001-9-31
HIGH COURT OF JHARKHAND
Decided on September 10,2001

Chandra Prabha Devi With Jago Mandal With Veena Devi With Ram Das Mandal Appellant
VERSUS
Regional Institute Of Technology Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) IN all the cases as the petitioners have claimed for common relief of grant of death -cum -retiral benefits under the Triple Benefit Scheme - -Scheme for short - -they ware heard together and are being disposed of by this common order.
(2.) THE husband of petitioner Chandra Prabha Devi of CWJC No. 607 of 2000, Late Pashupati Lal was in the services of Regional Institute of Technology. Jamshedpur - -RIT for short. It is stated that the deceased husband of petitioner Late Pashupati Lal opted for benefit under the Scheme but it was not allowed and, in the meantime, he died on 10th November 95 in harness. The grievance of the petitioner Chandra Prabha Devi is that the respondents had not paid the retrial benefits of family pension : gratuity; and Provident Fund under the Scheme. Cwjc No. 845 of 2000 has been preferred by Smt. Veena Devi and four others. According to first petitioner Veena Devi, her husband Late Satyanarayan Prasad was in the services of RIT and also opted for benefit under the scheme but the benefit of family pension etc. has not been allowed in terms of the scheme after death of her husband who died in harness on 12th July. 1996. Petitioner No. 2. M. Suresh; petitioner No. 3 Ram Swarath Singh and petitioner No. 4. Rameshwar Prasad Verma and petitioner No. 5. Brahani Deo Yadav, who claimed to have retired from the services of the RIT on 30th June. 1996; 31st January, 1997: 30th June. 1995: and 31st January, 1997 respectively, also claimed to have opted for benefits under the Scheme, but the benefits of pension etc, having not granted, they have moved this Court by filing the writ petition. Petitioner Jago Mandal of Cwjc No. 3409 of 2000 was an Assistant Professor in RIT and retired on 31st January. 1998. He has also made similar grievance of non -receipt of benefits under the Scheme in spite of option given by him. The other writ petition Cwjc No. 2150 of 2001 has been preferred by Ram Das Mandal and Bishwanath Ram who retired from the services of RIT on 1st March, 1993 and 1st March, 1994 respectively and having not granted benefits under the Scheme inspire of option, have also claimed for benefits like pension etc.
(3.) THE respondents have taken plea that the petitioners having retired/or deceased husband of one or other petitioner having died prior to 6th September, 1999, were not entitled for retiral benefits under the Scheme.;


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