- (1.) HEARD learned counsel for the parties.
(2.) THE petitioner has moved this Court with a prayer for a direction upon the respondents to pay entire death cum retiral dues of her deceased husband including G.P.F., G.S.S., Leave encashment, family pension, gratuity, officer's welfare fund etc. legally payable to him. The petitioner has also made a prayer for a direction upon the respondents to pay the statutory interest on the G.P.F. under Rule 14(4) of the G.P.F. Rules, interest for delayed payment of family pensioncumD.C.R. Gratuity under Pension Rules and the interest on G.S.S. under Rule 8(i) of the G.S.S. Rules of the Board. The petitioner has also made a prayer for a direction upon the respondents to fix the pay of her deceased husband in the pay scale of Rs. 123003751567545019275 allowed to deceased husband of the petitioner with effect from 17.02.2003 vide B.S.E.B. Resolution No. 675 dated 11.11.2004 and pay the arrear accordingly. The petitioner also made a prayer for appointment of elder son of the petitioner on compassionate ground under the Scheme of the Board as the husband of the petitioner Late Jag Narayan Rai died in harness on 21st October, 2004 while working as Senior Engineer at Patratu Thermal Power Station. A number of affidavits, supplementary affidavits, rejoinders and replies have been exchanged between the parties. However, the petitioner submits that during the pendency of the writ application both the prayer relating to the appointment of her elder son on compassionate ground has been made as well as the payment of death cum retiral dues have also been paid. According to the petitioner on the basis of the supplementary affidavit filed by her, it is stated that she is entitled to interest upon certain delayed payment over the death cum retiral dues. She has also grievance relating to the charge of penal rent at the rate of 15 times for retention of quarter beyond stipulated statutory period. On the other hand, counsel for the respondentsBoard has drawn the attention of this Court to a circular dated 7.8.1985 under which the rate of charge of penal rent has been prescribed for retention of quarter beyond certain period. As per the said circular initially a penal rent of 5 times is to be charged and thereafter certain period of penal rent of 15 times can also be charged. Admittedly the petitioner continued to retain the official quarter for 22 months after the death of her husband. However, it has been submitted on behalf of petitioner that she has not been paid interest on delayed payment of G.P.F. amount and G.S.S. amount . However, the petitioner's claim relating to the payment of delayed interest over the G.P.F. amount and G.S.S. amount, is required to be inquired into by the competent authority who can ascertain the cause of the delay in payment of the aforesaid amount
(3.) IN view of the aforesaid facts and circumstances, the counsel for the petitioner submits that a liberty may be granted to the petitioner to approach before the respondent no. 5, General Manager, Patratu Thermal Power Station by filing a fresh representation relating to her grievances for payment of interest over the delayed payment of G.P.F. amount and G.S.S. amount. In case, such a representation is made to the respondent no. 5, he shall consider the same, in accordance with law, and pass a reasoned and speaking order within a period of 6 weeks from the date of receipt of representation, which should also be communicated to the petitioner as well. In case, the petitioner is entitled to payment of any amount on account of interest for delayed payment of G.P.F. amount and G.S.S. amount, the same should be paid within a further period of 4 weeks thereafter.With the above observations/directions, this writ petition is disposed of.;