S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by petitioner Smt. Karuna Devi for direction on respondents to pay her the retiral benefits such as family pension, gratuity etc., her husband late Kailash Pandey having died in harness on 10th December, 1994 in a road accident.
(2.) IT is stated that her husband late Kailash Pandey entered in the services of the State in the year 1977 in the Dumka Collectorate and died in harness on 10th December, 1994 after serving the State for about 17 years. The petitioner is entitled for death -cum -retiral benefits. Respondent Nos. 2 and 3 in their counter affidavit have disputed the claim on the ground that the husband of the petitioner died on 10th December, 1994 when he was under suspension and not on duty. It is also alleged that late Kailash Pandey entered in services of the State on the basis of a forged certificate of date of birth. However, such statement made by the respondents cannot be accepted in absence of any material evidence in support of such allegation nor the deceased employee can be penalised after his death. There is nothing on the record to substantiate the allegation except one letter No. 1048 dated 24th July, 2000 written by the Deputy Commissioner, Dumka six years after the death of the deceased. It appears from the said letter that late Kailash Pandey joined the post of peon in Dumka Collectorate on 30th April, 1977 and his date of birth was entered as 14th September, 1949 in the service record. Two sons of late Kailash Pandey are working in the Collectorate as Assistant against whom (sons) complaints have been received that lesser gap have been shown in the date of birth of father and the sons. On the basis of such allegation, respondents presumed that the date of birth of late Kailash Pandey was entered on the basis of some forged certificate.
(3.) AS admittedly the husband of petitioner late Kailash Pandey worked under the State for about 17 years, the respondents cannot deny the widow death -cum - retiral benefits to which she is entitled on the ground of disputed date of birth.;