PERMOD KOHLI, J. - (1.) PETITIONER is the widow of late Ram Oraon, who was on work -charge establishment in the Road Construction Department, Ranchi, Road Circle. The deceased was engaged as a gang Mazdoor in the pay -scale of Rs. 155 -190/ - vide Memo No. 3164 dated 23rd of December, 1974 by the Superintending Engineer, Road Construction Department, Ranchi Road Circle, Ranchi. The deceased -husband of the petitioner died on 8th of January, 1998. After his death, the G.P.F. and L.I.C. amounts have been paid to the petitioner. Petitioner has approached this Court seeking a direction for payment of retiral benefits including Pension, Gratuity and Leave encashment etc. 2005 (3) JCR 9 (FB), whereunder this Court observed as under : (JCR page 24.)
(2.) I , therefore, hold that: (i) The work -charged employees, who have completed more than five years of continuous service against one post in the work -charged establishment and otherwise eligible, have a right of consideration of their cases for taking over their services in the permanent (regular) establishment, irrespective of their dates of appointment. But the work -charged employees, working on daily wages, not holding any post, are not so entitled. (ii) The dependants of work -charged employees are not entitled to claim appointment on compassionate ground, and (iii) The work -charged employees working against a post, in regular scale of pay, on their retirement and after their death, their heirs/dependants are entitled to" claim death -cum -retiral benefits, such as, pension/family pension, gratuity, leave encashment etc., apart from G.P.F. and Group Insurance amount, if otherwise fulfills the requisite qualifying period to earn pension, gratuity and leave encashment. In view of the ratio of the aforesaid judgment, petitioner is entitled to the retiral benefits like pension including family pension, gratuity, leave encashment, G.P.F. and Group Insurance etc. Petitioner has already received G.P.F. and Insurance. Let other retiral benefits be released in favour of the petitioner in accordance with the rules within a period of three months. Needless to say that petitioner shall be entitled to, statutory interest wherever payable.;