Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) The original petitioner Harihar Singh, who was an employee, has been substituted by the present petitioner Prabhawati Devi, who is the second wife of the deceased with whom the employee entered into marriage after death of his first wife. The writ petition was preferred for issuance of a direction upon the concerned respondents to issue no objection certificate in favour of the petitioner for fixation of final pension, gratuity, arrears of 6th Pay Commission, financial benefits of ACP and Rs.13.65,000/-, which is due to him towards the departmental work done by him for construction of stadium. The offspring born from the first wife were allowed to be added as party- respondents earlier by order dated 8.5.2013 on their application. On 24.7.2014 the contentions of the parties were heard and respondents were allowed time to seek further instruction in the matter in view of the development referred to therein. The said order is quoited hereunder : "24.7.2014 The present petitioner is the substituted heir/widow of the original petitioner, who retired on 31st January, 2010 from the post of Junior Engineer under the Rural Development Special Division, Hazaribagh. The writ petition was preferred seeking pensionary dues, arrears of 6th Pay Revision, benefits of A.C.P. as also release of a sum of Rs.13.65 lakhs said to be due to him towards departmental work done by him during his service career. The original petitioner died on 7th September, 2012 and after substitution of the present petitioner claiming herself to be the widow, the respondent nos. 10 A-D got impleaded by an intervention application on the basis of their claim that they are the children born out of first wife of the employee, who, of course, died earlier. The private respondents are also resisting the claim of the substituted petitioner for release of the aforesaid amounts as the sole heir. The respondents filed their counter affidavit on 13th October, 2011 itself, taking a plea that a huge amount of Rs.48.81 lakhs and odd has remained unadjusted in the name of the employee, for which the respondents had issued notices upon him after his retirement. However, the same were not adjusted. On the other hand, the petitioner, in his reply, has taken a plea that such admissible post retirement dues cannot be withheld by the respondents from the admissible post retirement dues without any finding of guilt or adjudication in a departmental proceeding in view of the Full Bench Judgment rendered in the case of Dr. Dudh Nath Pandey v. State of Jharkhand, reported in 2007 ( 4) JCR 1 (Jhr.) FB) . As per the respondents, the benefits of A.C.P. has been granted to the employee. It appears that the original petitioner has already died and it is his legal heir, who is prosecuting the claim for release of the admissible dues and is resisted by the private respondents. Learned counsel for the respondents seeks time to obtain further instruction in the matter in view of the aforesaid development. Therefore, the respondents are allowed further 4 weeks time to file their latest considered response in the matter. List this case appear after 4 weeks under the same heading."
(3.) A supplementary counter affidavit has been filed on behalf of the respondent nos. 4, 5 and 7. Para 10 of the said counter affidavit is being reproduced hereunder: "10. That it is most humbly stated and submitted that the deceased employee (original petitioner) was posted as Junior Engineer in the department of Rural Development, Special Division, Hazaribagh and was retired on 31st January,2010 and died on 7th September, 2012 leaving behind his legal heirs namely, Sanjay Kumar, aged about 32 years, Renu Devi, aged about 31 years, Rahul Kumar, aged about 23 years (twin) and Punkaj Kumar, aged about 23 years (Twin) born through the wedlock of the first wife Pratima Devi who had died. On her death, Harihar Singh made contact with Prabhawati Devi and subsequently got married with her and from her wedlock, one daughter Alka Singh, aged about 22 years, was born. Now Prabhawati Devi alone is claiming the pensionary dues etc, from the department ignoring the children born through the first wife of late Harihar Singh. The children born from the first wife intervened and they were substituted as respondent nos.10/A and 10/D in the said writ application and they are also claiming the proportionate share of their late deceased-father. The matter relating to release is still awaiting and pending for decision.";