- (1.) PRAYER in this writ application is for quashing the Office Order dated 02.07.2007 (Annexure -14) issued by the respondents whereby the petitioners claim for arrears of salary in the account of her deceased husband for the period 22.12.1985 to 26.11.2001 along with the arrears of bonus, gratuity for 33 years of service, leave encashment, group insurance amount, arrears of provident fund, pension and her claim for appointment of her son on compassionate ground, has been rejected.
(2.) THE petitioners husband was employed as Assistant Teacher in the Government Girls School, Tamar, Ranchi and died in harness on 26.11.2001. The petitioner, thereafter approached the concerned authorities for payment of retiral dues which was payable in the account of her deceased husband. When she received no response from the respondents, she filed a writ petition in this Court vide W.P. (S) No. 4105 of 2002. By order dated 25.06.2003, the writ petition was disposed of by this Court with a direction to the respondents to release all the admitted retiral dues legally payable to the petitioner and pay the same to the petitioner before the Lok Adalat on 13th July 2003. It was also observed that if the petitioner shall have any further grievance, she would be at liberty to file representation. In compliance with the order, the respondents handed over a cheque for a sum of Rs. 1,48,574/ -to the petitioner in presence of the Lok Adalat on 13.07.2003. The aforesaid amount was paid to the petitioner without disclosing the heads under which the payments were made. This Court by order dated 21.09.2006 disposed of the writ application with a direction the respondent No. 3 to supply details of such payment to the petitioner within four weeks from the date of receipt of copy of the order and with a liberty to the petitioner to file a fresh representation raising her further claim if any before the concerned authorities of the respondents. The respondent No. 3 was directed to consider the petitioners representation and to decide the same in accordance with law. In compliance with the aforesaid order of this Court, the petitioner submitted her representation afresh on 27.09.2006 before the concerned authorities of the respondents demanding payment of the balance of death -cum -retiral benefits of her husband and also to consider the case of her son Sanjay Kumar Mishra for his appointment on compassionate grounds. A reminder to the representation was also submitted by the petitioner on 30.10.2006. When despite her representations, no decision on the same was taken by the respondents, the petitioner filed a Contempt Petition vide Cont. Case (Civil) No. 688 of 2006 before this Court. In the contempt case, the respondents submitted their show cause replies on 11.07.2007 stating that the petitioners claim for arrears of salary was not maintainable since her husband was absconding in a criminal case. On considering the above statement of the respondents, the contempt case was dropped with a liberty to the petitioner to challenge the impugned order before the appropriate forum. The contention of the petitioner is that the respondents have illegally and arbitrarily withheld the payment of arrears of salary on misconceived and misleading grounds. It is sought to be explained that as a matter of fact, the petitioners husband had proceeded on leave by submitting a leave application before the Headmistress of the School, and as such he was not absent unauthorizedly. Furthermore, the Headmistress of the School had issued a certificate on 19.01.1987 (Annexure -1) affirming that the petitioners husband was working on the post of Assistant Teacher in the School from 28.02.1966. The Block Education Extension Officer, Tamar had also issued a certificate on 27.03.1988 affirming that the petitioners husband has been working in the School since 28.02.1966 to 21.12.1985 and had thereafter proceeded on leave. As regards the allegation that the petitioners husband was absconding in a criminal case, it is sought to be explained that as a matter of fact, though a complaint case was instituted against the petitioners husband and others vide C.P. Case No. 253 of 1978, the petitioners husband was never remanded to judicial custody in the aforesaid case and by the judgement dated 27.04.1979 passed by the trial court, he was acquitted from the charges in the said case.
(3.) A counter affidavit has been filed by the respondents. Denying and disputing the claim of the petitioner, the stand taken by the respondents is that the deceased husband of the petitioner was employed as an Assistant Teacher in the Government Girls Middle School, Tamar from 28.02.1966. The said school was taken over by the State Government in the year 1978. The deceased husband had continued to work in the school till December 1985. On 28.12.1985, he submitted an application for medical leave up to 31.01.1986 on the ground of his illness but thereafter, he did not join duty and remained absent without information and later, had died. After his death, all death -cum -retiral benefits have been paid to the petitioner in presence of the Lok Adalat on 13.07.2003. Disputing the Certificates furnished by the petitioner, it is submitted that the Certificate (Annexure -1) dated 19.01.1987 purported to have been issued by the Headmistress, Government Girls Middle School, Tamar, is a forged certificate, since, it was issued by the Headmistress of Secondary Girls School, Tamar. Likewise, the Certificate purported to declare that the amount of group insurance amount used to be deducted from the salary of the deceased husband continuously till the date of his death, is also not reliable on the petitioners own admission in her application dated 16.02.2002 that such deduction used to be made only till the month of December, 1985. The respondents have taken the stand that since the deceased husband of the petitioner had remained absent for more than five years, therefore, by application of provisions of Section 76 of the Bihar Service Code, he will not be treated as Government servant and hence, the benefit of compassionate appointment cannot be given to his dependent. Conceding that the total period of service rendered by the deceased husband of the petitioner was 19 years, 9 months and 23 days only, the respondents have stated that the entire payable retiral dues under the heads of provisional pension, provisional gratuity, group insurance and G.P.F. which aggregates to Rs. 1,48,574/ -, has been paid to the petitioner and there is no further dues payable to her in the account of her deceased husband. ;