SANTOSHILA D. HEMBROM Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-12-80
HIGH COURT OF JHARKHAND
Decided on December 01,2008

Santoshila D. Hembrom Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) I .A.No. 1382 of 2008 has been filed for substitution of the only legal heir and successor of the writ petition, who died during pendency of the writ petition on 31.3.2008, leaving behind the deponent as the sole legal heir and successor. Having heard learned counsel for the parties, the sole legal heir and successor of deceased Mrs. Santoshila (the writ petitioner), namely, Joy Raj Eric Tudu, is substituted in his place. Let the name of deceased writ petition Mrs. Santoshila be deleted from the cause title. I.A.No. 1382 of 2008 stands disposed of.
(2.) LET the correct memo of the party be filed. This writ petition has been preferred for issuance of an appropriate writ, order or direction, commanding upon the respondents to pay the retiral dues including the arrears of salary of the deceased writ petition since November, 1995 to January, 1998 when the deceased writ petition had been superannuated from the post of Headmistress of Jidato Girls High School, a minority school, managed by the Managing Committee but financial aid is being given by the Government since 1965 and the Service Code of Government employees are applicable to the petitioner also. Further prayer has been made for payment of gratuity of the deceased writ petition and also to pay the pension of the deceased writ petition (now arrears of pension), which has not been paid after five years of superannuation of the deceased writ petition. After some argument learned counsel for the respondents submits that let the legal heir and representative of the deceased writ petitioner file a representation and thereafter, the admissible dues in accordance with law will be cleared within a period of three months from the date of receipt of representation. Let the same be done by a speaking order and be communicated to the legal heir and representative of the deceased writ petition. It goes without saying that if the admissible dues are found to be retained due to the fault of the respondent authorities, the same will carry an interest at the rate of 6% per annum. This writ petition is accordingly disposed of but without any order as to costs. ;


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