- (1.) PRAYER in this writ application has been made for issuance of a direction upon the respondents to pay to the petitioner death -cum -retiral dues with interest which was payable in the account of the petitioners father late Bindhyachal Prasad, who was an employee under the respondent State Government and who died in harness on 27.8.1975 while working as Supervisor Grade III under the respondent no. 4, Executive Engineer, Mechanical Division, Palamau.
(2.) PETITIONERS case in brief is that his father late Bindhyachal Prasad was employed initially as an Assistant Store Keeper on 6.8.1965. He was subsequently promoted to the post of Time Keeper on 3.11.1966 and thereafter promoted to the post of Supervisor Grade III. He died in harness while working under the Executive Engineer, Irrigation Department, Mechanical Division, Palamau on 27.8.1975. After the death of his father, the petitioner along with his mother and other members of his family settled at his native village at Gopalganj. Several representations were filed by the petitioner before the concerned authorities of the respondents for his appointment on compassionate grounds and also for payment of death -cum -retiral dues which was payable to his deceased father. Thereafter, the petitioners mother died on 14.12.1991. After the death of both of his parents, the petitioner and his two brothers namely, Tarkeshwar Prasad and Awadhesh Kumar and one married sister Shashi Bala were left as the surviving members of the family. The petitioner thereafter on being directed obtained succession certificate (Annexure -2) on 16.6.1992. Claiming that the surviving legal heirs of late Bindhyachal Prasad namely the petitioner and his two brothers and sister were entitled to receive the retiral dues, the petitioner, having obtained authority from his two brothers and sister, moved again before the respondent authorities for payment of the same. A representation together with affidavit annexing therewith the succession certificate was filed on 17.6.1992. In response, the petitioner was informed that the service book, leave account and pay revision statements of his deceased father were wanting in the office of the respondents and as soon as the documents are obtained, the payment in respect of death -cum -retiral dues of his late father, will be made to the petitioner. The petitioner ran from pillar to post for payment of the death -cum -retiral dues of his late father and after hectic efforts, he could manage to get the completed service records of his late father and hand over the same to the respondents on 27.01.2004 along with other relevant documents, for payment of retiral dues. When in spite of receipt of the entire service records, no payment was forthcoming, the petitioner moved before the Patna High Court in writ application vide CWJC No. 9408 of 2005. Pursuant to the writ application, the Accountant General (A&E), Bihar, Patna vide his letter requested the respondent no. 4 to take steps for payment of the death -cum -retiral dues of late Bindhyachal Prasad and to send the requisite sanction to the office of the Accountant General (A&E), Jharkhand, Ranchi for making payment to the petitioner. Yet, the respondent no. 4 did not take any step in this regard. It is under these circumstances, the present writ application has been filed by the petitioner.
(3.) A counter -affidavit has been filed on behalf of the respondents. In their counter -affidavit, respondents have admitted that the petitioners father late Bindhyachal Prasad was appointed under the respondents in the office of Executive Engineer, Irrigation Department, Mechanical Division, Palamau and he died on 27.8.1975 while working as Supervisor Grade III. The stand taken by the respondents is that the petitioners father was working in the Work Charged Establishment and as such, his dependents were not entitled either for appointment on compassionate grounds or for getting benefits of family pension, gratuity and group insurance, etc. Nevertheless, a cheque bearing no. A/4 186643 dated 1.9.2006 amounting to Rs. 2760=00 which was assessed as legitimate dues payable in the account of the deceased employee, was prepared and the petitioner was intimated to collect the same, but the petitioner did not turn up to collect the cheque.;