Tej Narayan Bhagat 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.orderajit kumar sinha, j.1. this writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to fix the pension of the petitioner on the basis of actual service rendered by the petitioner as a government teacher with effect from 4,4.1964, i.e. the date of appointment and joining as government teacher till 10.5.1972, i.e. the period during which he worked as a government teacher and thereafter was not allowed to discharge his duties as a government teacher on account of non-acceptance of his joining due to fault of the respondent authorities. the further prayer is for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to fix the notional pension of the petitioner taking into account the period with effect from 11.5.1972 till 30.12.2002 i.e. date of retirement during which respondent authorities were guilty of not accepting the joining of the petitioner and restraining the petitioner from discharging his duties as a government teacher for no fault on this part when the petitioner was duly appointed government teacher by competent authority.....

Judgment:

ORDER

Ajit Kumar Sinha, J.

1. This writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to fix the pension of the petitioner on the basis of actual service rendered by the petitioner as a Government Teacher with effect from 4,4.1964, i.e. the date of appointment and joining as Government Teacher till 10.5.1972, i.e. the period during which he worked as a Government Teacher and thereafter was not allowed to discharge his duties as a Government Teacher on account of non-acceptance of his joining due to fault of the respondent authorities. The further prayer is for issuance of an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to fix the notional pension of the petitioner taking into account the period with effect from 11.5.1972 till 30.12.2002 i.e. date of retirement during which respondent authorities were guilty of not accepting the joining of the petitioner and restraining the petitioner from discharging his duties as a Government Teacher for no fault on this part when the petitioner was duly appointed Government Teacher by competent authority against the sanctioned post supported by budgetary provision and fulfilling all the eligibilities prescribed for a Government Teacher. The further prayer is for an appropriate writ, order or direction in the nature of mandamus commanding upon the respondents to pay the post-retiral dues viz. Gratuity, cash in lieu of unutilized earned leave, amount deducted and deposited in Provident Fund etc. which has not been paid till date to the petitioner by the respondent authorities.

2. This writ petition is highly belated and suffers from gross latches and delay of nearly 35 years on part of the petitioner and cannot be entertained at this stage and is accordingly dismissed.

3. However, the deposits made by the petitioner for the period he actually worked i.e. from the year 1964 to 1972 can be considered for payment in accordance with law. Let a decision be taken in this regard and communicate to the petitioner within a period of two months from the date of receipt/production of a copy of this order.