S.J.MUKHOPADHAYA, J. - (1.) THE husband of the petitioner, late B.M. Choudhary, who was Head of Department (Economics) in A.B.M. College, Jameshedpur, died in harness on 3rd February, 1997. The outstanding dues not having been paid to the widow, she has preferred the instant writ petition. In Annexure 7 to the writ petition while following amounts are shown to have been paid, certain other amounts have been shown not paid: Dues paid to Mrs. Moti Devi wife of late B.M. Chaoudhary, Deptt. of Eco. A.B.M. College, Jameshedpur -3. (1) Arrears of pension Rs. 28,118.00 from Feb. 97 to Nov. 97 in April 98. (2) Provisional pension continued from Dec. 97 and received from April 98. (3) Group Insurance Rs. 86,820.00 paid in Feb. 98. (4) Deposit portion of P.F. with D.D.A. Rs. 30,328.00 paid in Sept 98. (5) Gratuity provisionally Rs. 69,404.00 paid in March 99. Dues not paid with amount till today dated 5.10.01 Dues - 1. Full P.F. with interest Rs. 18,570.00 2. Leave encashment not paid (72 days) Rs. 3. Percentage salary Rs. 69,686.00 4. Welfare fund Rs. 900.00 5. U.G.C. scale arrear Rs. 48,709.00 6. C.D.A. arrear claim Rs. 1,29,093.00 7. D.D.A. Rs. 20,919.00 8. D.D.A. deducted but not deposited in P.F.A/C Rs. 15,745.00 G. Total : Rs. 3,03,622.00 (Total amount comes without leave encashment)
(2.) THE respondents, in their counter affidavit, have stated that the following amounts have been paid to the petitioner. Following payments have been made to the petitioner: (i) Family Pension @ Rs. 2832/ - from 3.2.1997 (ii) Arrears of Pension: Rs. 28,118/ -upto Nov. 97 (iii) Group Insurance (GIS) : Rs. 86,820.00 (iv) Entire PF Amount together with interest Rs. 30,328.00 (v) Death Gratuity after adjustment of University share of PF Rs. 69,404.00 (vi) Welfare Fund: Rs. 900.00 (vii) Leave Encashment : Rs. 23,968.00 Petitioner is still entitled to the following benefits: (i) Arrears of percent Rs. 69,686.00 age salary: Less excess drawn: Rs. 34,453.00 Rs. 35,233.00 (ii) D.D.A. deducted but not deposited : Rs. 15,745.00 Total: Rs. 50,978.00 Counsel for the petitioner submitted that the amount towards Welfare Fund and Rs. 23,968.00 towards Leave Encashment have actually not been paid to her. It is also alleged that with regard to the excess amount of Rs. 34,453.00, which is shown to have been adjusted, as mentioned in paragraph No. 7 of the counter affidavit, the authorities have not explained as to how and why such amount has been adjusted. Further, according to the petitioner, the authorities have not stated anything, with regard to the arrears towards U.G.C. scale and CD A. claim nor have given any ground for non -payment.
(3.) IN the facts and circumstances, the case is remitted with a direction to the respondents to give the following details: (i) The date on which the amount towards Welfare Fund and Leave Encashment have been paid and the instrument(s), by which such payments have been made; and (ii) The details of adjustment of excess amount of Rs. 34,453.00 as made by the respondents and shown at paragraph No. 7 of their counter affidavit. ;