Full Judgment
M.Y. Eqbal, J.
1. Heard the parties.
2. Reference may be made to the order dated 12.2.2004 which reads as under :--
'Heard the parties.
The petitioner is the widow whose husband, after serving as Headmaster of the school, died in 1978 but the retiral benefits have not been paid till date.
It is alleged by the petitioner that she being illiterate lady was always kept in dark by the Principal of the school and hence she was not paid even a single farthing. It is only after filing of this writ application when this Court called upon the respondents to file counter affidavit, two bank drafts; one for a sum of Rs. 61,499.50 paise being the arrears of provisional pension and another for a sum of Rs. 8040 being the provisional gratuity, have been produced before this Court by the State counsel. Even today the provident fund amount, gratuity amount and leave encashment etc. have not been paid to the petitioner.
In the counter affidavit it is stated that the GPF was sanctioned in 1985 but could not be paid.
The respondents are, therefore, directed to release the entire provident fund amount, gratuity amount and the leave encashment amount etc. together with 12% interest from the date of death of the deceased till the date of payment within a period of two weeks from today. The respondents shall also pay cost of Rs. 50,000/- to the petitioner within the aforesaid time.
Let this matter be listed on 26.2.2004 as the first case subject to part heard. If by that time the aforesaid amount is not paid to the petitioner, then the Secretary and Director, Secondary Education, Government of Jharkhand and the District Education Officer, Lohardaga shall appear in person and explain why the petitioner be not paid additional amount of compensation for the laches and negligence on the part of the respondents and for not paying the amount to the petitioner-widow. Let a copy of this order be handed over to the learned State counsel.'
3. Pursuant to the aforesaid order an affidavit has been filed by the District Education Officer, Lohardaga stating inter alia that in compliance of the aforesaid order the following amounts have been paid to the petitioner.
(I) Family pension-Rs. 61,499.50 poise vide cheque dated 10.2.2004.
(II) Gratuity-Rs. 8,040.00 paise vide bank draft dated 10.2.2004.
(III) Provident Fund-Rs. 1,936.00 paise-withdrawn from post office on 21.2.2004.
(IV) Amount of Cost-Rs. 50,000.00 paise vide BD dated 21.2.2004.
4. So far amount of interest is concerned it is stated that bill has been passed and the same shall be paid. It is further stated that Group Insurance is not payable. It is also stated that pension and gratuity has already been finalized.
5. From the affidavit it is clear that the responsible officer of the State were sitting tight over the matter and they did not take any step for payment of retiral benefits to the petitioner-widow whose husband died in 1978. Because of their in action and negligence the Government has to bear not only interest but also the cost of Rs. 50,000.00. In my opinion this amount must be recovered from the erring officers for whose negligence the retiral benefits could not be paid in time to the petitioner.
6. This Court, therefore, directs the Education Secretary to hold an enquiry and fix the responsibility against those officers for whose negligence the pensionary benefits could not be paid to the petitioner. I further direct the Education Secretary to recover the amount from the salary of those erring officers.
7. So far the other retiral benefits including interest and arrears of pension are concerned, it is directed that the same shall be released in favour of the petitioner within a period of one month from today. Although this writ application stands disposed of with the aforesaid direction but the Education Secretary is directed to submit the compliance report to the Registrar General of this Court within two months from today.
Let a copy of this order be handed over to learned SC-III for needful.