- (1.) HEARD counsel for the parties.
(2.) THE petitioner in this writ application has prayed for issuance of an appropriate writ commanding the respondents to pay the arrears of gratuity together with interest, leave encashment and other retiral dues payable in the account of the deceased husband of the petitioner, who died in harness on 15.04.1995. A further prayer has been made by respondents not to compel the petitioner to vacate the quarter No. 1/3 -I -Type situated within the D.G.M.S. Colony, Dhanbad, till the entire outstanding retiral dues are not paid. The facts of the case in brief is that the petitioner's husband was a Grade -IV/D employee under the respondent -D.G.M.S. at its office at Dhanbad. Upon his death on 15.04.1995, the petitioner submitted her application, praying for grant of appointment on compassionate grounds. The respondent authorities directed the petitioner to obtain a succession certificate in view of the fact that in the nominee form of the deceased employee, no specific name of any nominee was mentioned and there were several legal heirs of the deceased employee. The petitioner obtained the succession certificate on 05.07.1999 and submitted the same before the concerned authorities of the respondents. However, even after submitting the succession certificate, the respondents did not pass any order on her prayer for compassionate appointment. She raised the dispute for adjudication before the Central Administrative Tribunal. The grievance expressed before the Central Administrative Tribunal was also on account of non -payment of the gratuity and leave encashment which was payable in the account of the deceased employee. The Central Administrative Tribunal by its order dated 11.05.2004, disposed of the application with a direction to the respondent authorities, in particular, the respondent No. 2, to consider the representation dated 05.07.1999 of the petitioner and take a decision thereon by passing a speaking and reasoned order in accordance with law, within a period of three months from the date of vacation of the quarter by the petitioner. As regards the claim for payment of gratuity and leave encashment, the Respondent No. 2, was directed to make payment of the balance of amount on the above dues after deducting the up -to -date house rent for unauthorized occupation of the quarter, electricity bills and other dues, within a period of three months from the date of vacation of the quarter.
(3.) DESPITE the aforesaid direction of the Central Administrative Tribunal, the petitioner did not vacate the quarter fully. Rather, the petitioner claims to have vacated a major portion of the quarter except retaining one room for the purpose of enabling medical treatment for her ailing daughter.;