JUDGEMENT
Aparesh Kumar Singh, J. -
(1.) HEARD learned counsel for the petitioner and the State. The petitioner is said to be the widow of late Dr. Amod Prasad Singh, who died in harness on 6.12.2013 while working as Medical Officer at Koderma Community Health Centre, Koderma. According to the petitioner, her husband had been appointed vide Notification No. 83(2) dated 9.2.1988 by the State of Bihar as a Medical Officer and posted at Musabani in East Singhbhum. He was lastly transferred through Notification dated 31.12.2010 and posted at Koderma and unfortunately died in an accident on 6.12.2013. According to the petitioner, she has been nominated to receive 100% GPF amount as per the GPF nomination form and she is also entitled to full benefit of family pension, gratuity, leave encashment etc. as also the benefit of ACP. Despite representation made to the Civil Surgeon cum Chief Medical Officer, Koderma vide Annexure 4, for release of the aforesaid dues, no decision has been taken. It is also stated on behalf of the petitioner that there was no departmental proceeding initiated or pending against her deceased husband. She has been compelled to move this Court for the aforesaid claim of post retirement benefits and other service dues.
(2.) COUNSEL for the respondent -State submits that this writ petition has been filed only two weeks back and at this stage, without instruction, no response on merit can be made. However, if the petitioner approaches the Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, Ranchi, respondent No. 1, through proper channel, her grievances can be considered in accordance with law. Having regard to the aforesaid facts and circumstances and the submissions made, at this stage, without making any comment upon the merit of the petitioner's claim, this writ petition is being disposed of with liberty to the petitioner to approach the respondent No. 1, Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, Ranchi, by filing a fresh representation duly supported with all necessary facts and documents through proper channel. On receipt of such representation the respondent No. 1 shall examine the claim of the petitioner upon due verification of the service records of the deceased employee and take a decision thereupon within a reasonable time, preferably within 12 weeks thereafter in accordance with law, which shall also be communicated to the petitioner. Needless to say that dependent upon such decision, dues, which are found to be genuine and admissible, be released thereafter in favour of the petitioner upon due identification within a reasonable time along with statutory interest, if any. This writ petition stands disposed of accordingly.;
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