RANCHI, India, June 6 -- Jharkhand High Court issued the following order on May 6:
1. The instant application has been preferred by the petitioner for following relief: -
(i) For issuance of an appropriate writ(s) /order(s)/direction(s) upon the respondents to pay Death-cum-Retiral benefits to the petitioner since the husband of the petitioner who was working as 'Panchayat Sewak' in the office of Block Development Officer, Kharaundhi, Garhwa died in harness on 03.03.2008.
(ii) For issuance of an appropriate writ(s)/order(s)/direction(s) upon the respondents to pay Family Pension to the petitioner who is the legally wedded wife of late Shravan Kumar who died in harness on 03/03/2008.
(iii) For issuance of an appropriate writ(s)/order(s)/direction(s) upon the respondents to revise the Family Pension of the petitioner as per the 7th PCR and pay the arrears thereto from the date when the petitioner is entitled for with statutory interest.
(iv) For issuance of any other appropriate writ(s)/ order(s)/direction(s) as Your Lordship may deem fit and proper for doing conscionable justice to the petitioner.
2. Learned counsel for the petitioner submits that she represented several times before the respondent authorities but the claim of this petitioner has not yet been redressed; as such the respondents may be directed to take a decision and pass a reasoned order in the matter in accordance with law with regard to the claim made by the petitioner.
3. Learned counsel for the Respondents submits that since no counter affidavit has been filed till date, as such the instant writ application may be disposed of by directing the petitioner to file a fresh representation before the concerned respondent.
4. Having regard to the limited submissions of the learned counsel for the parties, the instant writ application is hereby disposed of, without going into merit of the case, by directing the 2nd Respondent to treat this writ application as a representation and take a decision in the matter in accordance with law and applicable Rules and Regulations by passing a reasoned and speaking order with regard to the claim made by the petitioner. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this. The petitioner is also directed to serve a copy of this writ application to the 2nd Respondent at the earliest. It goes without saying that if the claim of the petitioner is found to be genuine then consequential benefits must be extended to the petitioner within a further period of Six weeks.
5. With the aforesaid observation and direction, the instant writ application stands disposed of. Pending I.A.s if any, also closed.
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