Kamla Devi and anr. Vs. J.S.E.B. and ors.

Kamla Devi and anr. vs J.S.E.B. and ors.

Type Court Judgment Court Jharkhand Decided Jun 23, 2008

~2 min read

https://sooperkanoon.com/case/521439

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/521439
Court: Jharkhand High Court
Judge: Narendra Nath Tiwari, J.
Decided On: Jun 23, 2008
Subject: Service

Case Summary

AI-generated summary - not the official court judgment text.

- CONSTITUTION OF INDIA. Articles 12 & 226: [M. Karpaga Vinayagam, C.J., Narendra Nath Tiwari & D.P.Singh, JJ] Writ petition - Maintainability - Whether State Co-operative Milk Producers Federation Ltd., is a State within meaning of Article 12 ? - Held, From perusal of relevant Rules of byelaws, it is clear that St...

Key legal issue: Service

Parties & Advocates

Appellant / Petitioner

Kamla Devi and anr.

Respondent

J.S.E.B. and ors.

Legal References

Reported In: [2008(4)JCR32(Jhr)]

Excerpt

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. .....giving details of the claim before the said authority, the same shall be immediately given attention to and all admissible claims shall be settled and paid without any delay. the said respondent shall also take appropriate step on the application of petitioner no. 2 for compassionate appointment.3. in view of the said submissions made by the learned counsel for the parties, this writ petition is disposed of giving liberty to the petitioners to file fresh representation before the said respondent no. 4, who on receipt of such representation, shall see that if the provisional pension and gratuity are not paid earlier, the same must be paid to the petitioners within a period of one week from the date of representation. the said respondent shall further consider the other claim of the petitioners and pass appropriate order, in accordance with law within a period of six weeks thereafter. the said respondent shall also consider the claim of the petitioner no. 2 regarding compassionate appointment and pass appropriate order, in accordance with law, within the said period.4. the amount(s) found admissible, shall be paid to the petitioner with statutory interest within a period of four weeks thereafter. if the amount(s), found payable to the petitioners, is/are not paid within the said period, the same shall carry interest @ 10% per annum in addition to the statutory interest till final payment.

Full Judgment

ORDER

Narendra Nath Tiwari, J.

1. In this writ petition, the petitioners have prayed for a direction on the respondents to pay the death-cum-retiral benefits, payable to them, after the death of Vijoy Kumar, who was an employee and died in harness on 24.10.2006.

It has been stated the petitioner No. 1 is the widow and the petitioner No. 2 is the son of Vijoy Kumar, who died while he was working as Personnel Officer under the respondent-Electrical Supply Circle, Kusai Colony, J.S.E.B. Doranda, Ranchi. After the death of Vijoy Kumar, the petitioner No. 1 filed an application for payment of death-cum-retiral benefits and also for compassionate appointment of petitioner No. 2, but till date, the grievances of the petitioner No. 1 have not been redressed by the respondents.

2. Learned Counsel for the respondents submitted that the General Manager-cum-Chief Engineer, Area Board, J.S.E.B., Ranchi-respondent No. 4 is the competent authority and if the petitioners file fresh representation giving details of the claim before the said authority, the same shall be immediately given attention to and all admissible claims shall be settled and paid without any delay. The said respondent shall also take appropriate step on the application of petitioner No. 2 for compassionate appointment.

3. In view of the said submissions made by the learned Counsel for the parties, this writ petition is disposed of giving liberty to the petitioners to file fresh representation before the said respondent No. 4, who on receipt of such representation, shall see that if the provisional pension and gratuity are not paid earlier, the same must be paid to the petitioners within a period of one week from the date of representation. The said respondent shall further consider the other claim of the petitioners and pass appropriate order, in accordance with law within a period of six weeks thereafter. The said respondent shall also consider the claim of the petitioner No. 2 regarding compassionate appointment and pass appropriate order, in accordance with law, within the said period.

4. The amount(s) found admissible, shall be paid to the petitioner with statutory interest within a period of four weeks thereafter. If the amount(s), found payable to the petitioners, is/are not paid within the said period, the same shall carry interest @ 10% per annum in addition to the statutory interest till final payment.

Same Court & Year Jharkhand · 2008 Same Parties Kamla Devi and anr. vs J.S.E.B. and ors. Same Subject Service Same Judge Narendra Nath Tiwari, J.

Service