- (1.) IN this writ application, the petitioner has prayed for a direction on the respondents to pay arrears of retiral benefits of her husband as also the family pension after the death of her husband.
(2.) IT has been stated that the petitioner 'shusband, was working as Timber Mistri in Sayal 'D ' Colliery, Central Coalfields Ltd., Hazaribagh and had retired from service on attaining the age of superannuation. After his retirement, the petitioner 'shusband was not given his pensionary benefits. Subsequently, the petitioner 'shusband died on 10th September, 2003. Thereafter, the petitioner filed representation before the respondents claiming family pension as also the arrears of retiral benefits, payable to her husband, but no order has been passed till date. Learned counsel appearing for the respondents submitted that the Project Officer, Sayal 'D ' Colliery, Central Coalfields Ltd., Hazaribagh, respondent No. 3, is the competent authority to look into the petitioner 'sclaim and pass appropriate order. He further submitted that the petitioner may also file a fresh representation before the said authority, who shall consider the same and pass appropriate order.
(3.) CONSIDERING the said submissions made by the learned counsel for the parties, this writ application is disposed of giving liberty to the petitioner to file a fresh representation along with a copy of this order before the Project Officer, Sayal 'D ' Colliery, Central Coalfields Ltd., Hazaribagh, respondent No. 3, who, on receipt of such representation, shall consider and pass appropriate order in accordance with law within a period of two months from the date of receipt of the representation. If the petitioner 'sclaim is found genuine, arrears of monetary benefits must be paid to her within a period of six weeks thereafter, if the amount(s) found payable to the petitioner is/are not paid within the said period, she shall be entitled to get interest @ 10% per annum till final payment in addition to the statutory interest on delayed payment of such due(s) and in that case, the Management shall be at liberty to realize the amount of penal interest from the erring official(s).;