Paras Nath Sinha Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:

- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - it further appears that prior to letter dated 1.11.2006 (annexure-9), request was already made by the president, district consumers forum, palamau, vide letter dated 16.5.2006, as contained in annexure-6. but for the reasons, best known to the respondent concerned, the required fund has not been released to the district consumers forum for payment of the legal dues to the petitioner.orderamareshwar sahay, j.1. heard learned counsel for the parties and with their consent, this writ petition is being disposed of at this stage itself. the petitioner, who was president of district consumer forum. palamau, and retired on 1.10.2000, has filed this writ petition for a direction to the respondent-state of jharkhand to pay his arrears of salary/dearness allowance, amounting to rs. 1,36,033/- for his serving as president, consumers dispute redressal forum, palamau, from 14.5.1996 to 1.10.2000.2. it appears that pursuant to letter dated 27.7.2006. issued by the deputy secretary to the government, department of food, civil supplies and consumers affairs, as contained in annexure-8 to the writ petition, the president, district consumers forum, palamau, vide letter dated 1.11.2006, as contained in annexure-9 to the writ petition, has already asked for allotment of necessary fund for payment to the petitioner against his legal dues. it further appears that prior to letter dated 1.11.2006 (annexure-9), request was already made by the president, district consumers forum, palamau, vide letter dated 16.5.2006, as contained in annexure-6. but for the reasons, best known to the.....

Judgment:

ORDER

Amareshwar Sahay, J.

1. Heard learned Counsel for the parties and with their consent, this writ petition is being disposed of at this stage itself. The petitioner, who was President of District Consumer Forum. Palamau, and retired on 1.10.2000, has filed this writ petition for a direction to the respondent-State of Jharkhand to pay his arrears of salary/dearness allowance, amounting to Rs. 1,36,033/- for his serving as President, Consumers Dispute Redressal Forum, Palamau, from 14.5.1996 to 1.10.2000.

2. It appears that pursuant to letter dated 27.7.2006. issued by the Deputy Secretary to the Government, Department of Food, Civil Supplies and Consumers Affairs, as contained in Annexure-8 to the writ petition, the President, District Consumers Forum, Palamau, vide letter dated 1.11.2006, as contained in Annexure-9 to the writ petition, has already asked for allotment of necessary fund for payment to the petitioner against his legal dues. It further appears that prior to letter dated 1.11.2006 (Annexure-9), request was already made by the President, District Consumers Forum, Palamau, vide letter dated 16.5.2006, as contained in Annexure-6. But for the reasons, best known to the respondent concerned, the required fund has not been released to the District Consumers Forum for payment of the legal dues to the petitioner.

3. In this view of the matter, this writ petition is being disposed of by directing the Secretary, Department of Food, Supply & Consumers Affairs, Government of Jharkhand, Ranchi, to see that the necessary fund for payment of the legal dues to the petitioner is released at an earliest so that the petitioner may get his legal dues within a period of four weeks from the date of receipt/production of a copy of this order. If the petitioner is not paid his legal dues, as directed above, within the stipulated time, the petitioner would be entitled to the interest at the rate of 10% per annum over the amount, legally payable to the petitioner, till the date of payment.