- (1.) Petitioner in this writ application has prayed for a direction upon the respondents to pay the post retiral and other legally payable dues in the account of her deceased husband Madhu Sudan Mahato, who had died after retirement from service under the respondents.
(2.) The petitioner claims that she is the widow of the deceased employee and her husband was working in the capacity of Accountant-cum-Head Clerk in Jharia within the district of Dhanbad under the Dhanbad Municipal Corporation. Her husband had retired from service on 31.01.2004 but despite retirement, the respondent did not pay him his post retiral benefits inspite of repeated representations and as such, he had to file the present writ application. During the pendency of this writ application, he died on 14.01.2008 and thereafter the present petitioner, being his widow, has been substituted in his place.
(3.) No counter affidavit has been filed on behalf of the respondents although counsel for the respondents is present. From the annexures to the writ application, it does appear prima-facie that the petitioner "â„¢s husband Madhu Sudan Mahato was employed under the respondent Municipal Corporation and had retired from service on 31.01.2004. If this be so, then he would be certainly entitled for payment of his retiral dues.;