S.J.MUKHOPADHAYA,.J. - (1.) THIS application has been preferred by petitioner to show cause on the respondents as to under what circumstances her late husband was forced to retire pre -maturely on 31st May, 1996 and to command the respondents to treat her late husband as on duty till his death. Further prayer has been made to direct the respondents to provide her consequential benefits and the family pension.
(2.) , Counsel for the SAIL referred to the order dated 28th March, 1996 (Annexure -1) and submitted that the husband of the petitioner late Shiv Charan Mahto on attaining the age of superannuation (58 years) was retired on 31st May. 1996. Neither any objection was made by him nor he moved before any Jorum or any Court of law against the order of retirement. Having regard to the facts and circumstances, I find no ground to interfere with the date of retirement of the husband of the petitioner.
(3.) SO far as retiral benefit or family pension is concerned, if the benefit was not paid to her late husband or the family pension has not been paid Lo her and if she is entitled for the same. the petitioner may bring the same to the notice of the Assistant Manager (Personnel). C.R.M. Bokaro Steel Plant, Bokaro with a copy to the Sr. Personnel Manager (PF), Bokaro Steel Plant, Bokaro and the Regional Provident Fund Commissioner Ranchi. The authorities will consider the question taking into consideration the date of retirement of Late Shiv Charan Mahto as 3ist May. 1996 and pay the admitted benefits of the deceased employee to his widow as also fix the family pension, if permissible under the law and pay the benefits within the period of three months from the date of receipt of representation. If the admitted death -cum retrial benefits including family pension is not paid within the time scheduled above, the respondent shall be liable to pay interest at the rate of 5 per cent from the date the widow was entitled for such benefit till the date the amount is paid to her. On the other hand, if one or other authority disputes the claim or part thereof, will communicate the ground to the petitioner.;