- (1.) BY the Court. - The petitioner is a widow. Her husband was employed as Tahsil Karamchari under the State Government. Her husband was appointed on 28.10.1955 and he prayed for premature retirement on health ground by making an application dated 12.12.1968 after completion of more than thirteen years of service. Petitioners husband who was seriously in died on 27.8.1999.
(2.) THE petitioner thereafter, submitted an application for grant of family pension. It appears that though, internal departmental letters were written and even the Accountant General. Jharkhand also wrote letter to Circle Officer, Tamar, however no action was taken by the respondents for grant of family pension etc, to the petitioner and therefore, the petitioner was constrained to file writ petition being W.P.S. No. 2442 of 2003. The said writ petition was disposed of by order dated 31.01.2005 with a direction to respondent No. 5 to ensure that the amount of the G.P.F, along with statutory interest is paid to the petitioner in accordance with law. The petitioner was permitted to produce medical certificate, if any, already issued to her husband within a period of two months and' respondents were directed to pass order on her claim in accordance with law within two months from the date of receipt of such claim. The petitioner made representation and by order dated 29.09.2005 the claim of the petitioner was rejected. The petitioner thus, has preferred the present writ petition seeking quashing of order dated 29.09.2005.
(3.) A counter -affidavit has been filed in which a stand has been taken that as the husband of the petitioner had resigned, the petitioner can not be granted family pension. It has further been stated that the application dated 12.12.1968 written by husband of the petitioner was never received by the respondents.;