Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 4502 of 2012 Shiromani Devi .... Petitioner Versus The State of Jharkhand & others ..... Respondents ---------- CORAM: HONBLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner : Mrs. Ritu Kumar For the Respondents : Mr. Ratnakar Bhengra 03/29.08.2013 Heard counsel for the parties. Petitioner is a widow of late Amresh Kumar Singh who is said to have died under work charged establishment in the office of Executive Engineer, National Highway Division No.2, Dhanbad on 28.10.1994. Learned counsel for the petitioner submitted that several prayers have been made in the writ application including the prayer to direct the respondents to take the services of the husband of the petitioner in regular establishment. However, the petitioner now seeks to confine her prayer for claim relating to death cum retiral dues, basing her submissions on the ratio laid down by a Full Bench of this Court in the judgment rendered in W.P.S. No. 6826 of 2002 and other analogous cases reported in 2005(3) J.L.J.R 38.Learned counsel for the petitioner, therefore submits that the respondents be directed to consider the case of the petitioner for payment of such death cum retiral dues like family pension, gratuity, leave encashment which she is entitled in view of the Full Bench judgment referred to herein above(supra) which is also enclosed to I.A. No. 4059 of 2013. Learned counsel for the respondents on the other hand submitted that the petitioner was seeking regularization of her late husband in permanent establishment after his death which is not permissible neither compassionate appointment can be granted to the dependent of the deceased who is said to have died in harness under Work Charged Employment. However, learned counsel for the respondent submitted that for the rest of the claim relating to death cum retiral dues of the deceased employee, if the petitioner approaches the concerned competent authority i.e. respondent no.3 The Chief Engineer, Road Construction Department, National Highway Wing, -2- Ranchi her grievances may be considered in accordance with law after taking into account the aforesaid judgment which is relied upon by the petitioner. In such circumstances, after hearing the parties, it appears that petitioner's grievances are now confined to claim of death cum retiral benefits of the deceased- husband , who is said to have died as Work Charged Employee on 28.10.1994 while working in the office of Executive Engineer, National Highway Division No.2, Dhanbad. Therefore, without commenting upon the merit of the claim of the petitioner, petitioner is granted liberty to approach the respondent No.3, The Chief Engineer, Road Construction Department, National Highway Wing, Ranchi with a fresh representation together with all supporting facts and documents as also the judgment rendered by the Full Bench of this Court in W.P.S. No. 6826 of 2002 and other analogous cases reported in 2005(3) J.L.J.R 3.within a period of 3 weeks. On receipt of such representation, the respondent no.3-, The Chief Engineer, Road Construction Department, National Highway Wing, Ranchi shall consider the same in accordance with law and after proper verification of the records relating to the petitioner's husband pass a reasoned and speaking order within a period of 12 weeks, thereafter, which shall also be communicated to the petitioner. In case the matter is decided in favour of the petitioner, the death cum retiral dues on account of death of her husband shall be disbursed within 6 weeks, thereafter. The writ petition is disposed of in the aforesaid manner. I.A. No. 4059 of 2013 also stands disposed of. (Aparesh Kumar Singh, J.) A. Mohanty