Kiran Devi Vs. the Union of India and ors - Court Judgment

Excerpt:
in the high court of judicature at patna civil writ jurisdiction case no.703 of 2012 kiran devi versus the union of india & ors ---------------------------------- 02. 11.01.2012 counsel for the petitioner, a.c. to g.a. 10 and learned counsel for the accountant general are present. petitioner claims to be the only daughter of the deceased employee who, while serving the government in the department of irrigation as chainman, died in harness on 23.08.2010. it is the case of the petitioner that her mother approached the authority for payment of post retiral dues whereafter she was authorized and paid leave encashment amount of rs. 1,66,030/- and group insurance amount in the sum of rs. 15,232/- was also paid to her. however, other post retiral dues remained to be paid but in the meanwhile she, too, died on 23.07.2011. petitioner thus claiming herself to be the sole surviving heir of the deceased employee, approached the authority for payment of other post retiral dues set out in paragraph 9 of the application. the grievance of the petitioner is that dues payable to the deceased employee have not till date been settled and paid to her. learned a.c. to g.a. 10 prays for and is granted six weeks time to take instruction and file counter affidavit. post this matter after eight weeks in the same list. learned counsel for the accountant general submits that based on the claim raised by the petitioner the appropriate 2 authority of the state government will now be required to pass a fresh sanction order in respect of the dues claimed by her. it will open to the respondent-accountant general to file counter affidavit, if so advised. hr (k.k. mandal, j.)

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.703 of 2012 Kiran Devi Versus The Union of India & Ors ---------------------------------- 02. 11.01.2012 Counsel for the petitioner, A.C. to G.A. 10 and learned counsel for the Accountant General are present. Petitioner claims to be the only daughter of the deceased employee who, while serving the Government in the Department of Irrigation as Chainman, died in harness on 23.08.2010. It is the case of the petitioner that her mother approached the authority for payment of post retiral dues whereafter she was authorized and paid leave encashment amount of Rs. 1,66,030/- and group insurance amount in the sum of Rs. 15,232/- was also paid to her. However, other post retiral dues remained to be paid but in the meanwhile she, too, died on 23.07.2011. Petitioner thus claiming herself to be the sole surviving heir of the deceased employee, approached the authority for payment of other post retiral dues set out in paragraph 9 of the application. The grievance of the petitioner is that dues payable to the deceased employee have not till date been settled and paid to her. Learned A.C. to G.A. 10 prays for and is granted six weeks time to take instruction and file counter affidavit. Post this matter after eight weeks in the same list. Learned counsel for the Accountant General submits that based on the claim raised by the petitioner the appropriate 2 authority of the State Government will now be required to pass a fresh sanction order in respect of the dues claimed by her. It will open to the Respondent-Accountant General to file counter affidavit, if so advised. HR (K.K. Mandal, J.)