- (1.) THE petitioner has approached this Court seeking the following reliefs: (i) For issuance of an appropriate writ/order/direction/or a writ in the nature of Mandamus commanding upon the respondents to pay the entire benefits such as the amount of gratuity, government provident fund etc; and also the amount of family pension to the petitioner whose husband Ganesh Ram Vishwakarma died in harness on 01.12.2006 i.e. in course of his employment while he was posted in State Upgraded New Selected School, Dhori under Bermo subdivision in the District of Bokaro as Grade -IV employee (Peon). (ii) For issuance of an appropriate Writ/order/direction and/ or a writ in the nature of Mandamus commanding the respondents to appoint Ranjit Kumar, the son of the petitioner on compassionate ground because of the death of his father in harness. (iii) For issuance of such other writ/order/direction for which the petitioner is legally entitled under the facts and circumstances of this case.
(2.) THE brief facts of the case are that, the petitioner is legally wedded wife of one Late Ganesh Ram Vishwakarma who was an employee of Education Department and while he was posted as peon, a (Class -IV) employee in the State Upgraded New Selected School, Dhori, Bokaro, he died in harness on 01.12.2006. It has been stated in the writ petition that the said Ganesh Ram Vishwakarma had solemnized four marriage within his life time however, out of them only the petitioner and one Sunita Devi (4th wife) are alive. Since retiral benefits of the petitioner were not paid to the petitioner, as claimed by the petitioner, the petitioner approached this Court by filing the present writ petition. A counter -affidavit has been filed on behalf of the State (respondent nos. 3 and 4) taking a stand that since Sunita Devi(4th wife of the said Ganesh Ram Vishwakarma) has filed application dated 11.2.2009 and 10.08.2011, and as petitioner has failed to produce Succession Certificate, the claim of the petitioner cannot be granted by this Court.
(3.) HEARD learned counsel for the parties and perused the documents on record.;