CHANDRA BATI DEVI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-2-78
HIGH COURT OF JHARKHAND
Decided on February 12,2009

Chandra Bati Devi Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE present writ petition has been preferred by the widow of the deceased employee of the respondent, mainly ventilating the grievance that she is not getting the retirement benefits upon death of her husband and upon his retirement.
(2.) I have heard, learned counsel for the respondents. Learned counsel for the State mainly submitted that case of the notification bearing No. 1982 dated 20th June, 2002, sizeable amount was required to be recovered from the husband of the present petitioner for any reason whatsoever, this amount was not recovered. It appears that husband of the present petitioner retired from service of the State on 30th April, 1993, and he was expired on 23rd September, 2007. It is stated by the counsel for the State that sizeable amount, which is Rs. 4,46,534.60/ -(Four Lakhs Forty Six Thousand Five Hundred Thirty Four and Sixty Paisa) was to be recovered from the husband of the present petitioner and, therefore, she is not entitled to recover amount for family pension and such other benefits for which her husband was entitled after his retirement.
(3.) IT appears that the respondents -State has waited for longer period for recovery of the aforesaid amount when the husband of the present petitioner was alive, concerned respondent authorities were lethargic at the relevant time. No care has been taken by those officers. They allowed the petitioner to enjoy all the retiral benefits. Husband of the petitioner retired on 30th April, 1993 and expired in September, 2007, even thereafter, no dues of aforesaid amount has been recovered.;


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