- (1.) HEARD Mr. M. Jalisur Rahman, learned counsel for the petitioner and learned counsel for the Respondents.
(2.) THE petitioner, in this writ application, has prayed for a direction upon the Respondents to finalize and pay the amount of Family Pension, Gratuity, G.P.F. amount, Earned Leave, Benefit of Time bound promotion, Benefit of A.C.P. and other admitted dues, which have not been paid to the petitioner till date and was payable in the account of the petitioner's husband, who died in harness while being employed under the Respondents on 24.11.2003. It appears that during the pendency of this writ application, the amounts towards Gratuity, Earned leave, Group Insurance, and provisional pension have been released to the petitioner. The matter relating to balance claim was referred to the Lok Adalat but the dispute could not be resolved on account of the objection raised by the Respondents on the ground that the deceased - husband of the petitioner had received some amount by way of advance for executing certain works under different Schemes and a six men Committee comprising of 2 Assistant Engineers and
(3.) JUNIOR Engineer was constituted for assessment of the work done under the aforementioned Schemes and the aforesaid Committee after assessment of the work, found the total unadjusted amount to be Rs. 41,43,492.72/ - 4 Learned counsel for the petitioner submits that even though the petitioner's husband died in harness on 24.11.2003, but prior to his death, the petitioner's husband had submitted all relevant papers including the statements of accounts, in which the amounts spent towards the advance received has been mentioned in detail and to the knowledge of the petitioner, there could be no outstanding balance in respect of the advance amount. It is only after the death of the petitioner's husband that the Respondents have now come up with the stand that further substantial amounts has not been accounted for by the deceasedhusband of the petitioner and when the matter came to the knowledge of the petitioner, she submitted some hand receipts, measurement book, vouchers etc., which she found from the safe of her demised husband and inspite of that, the amount towards outstanding balance has been sought to be recovered through the Gratuity paid to the petitioner. Learned counsel adds further, that no proceeding in accordance with the Pension Rules was ever initiated during the entire period of service of the deceased - employee and even after the death of the petitioner's husband. No purported unadjusted amount could now be legally recoverable from the amount of Gratuity. Learned counsel in support of his contention, refers to and relies upon the judgment of the Full Bench of this Court in the case of Dr. Dudhnath Pandey -versus -State of Jharkhand & Others, reported in 2007 (4) J.C.R. 1 (Jhr.) (FB).;