2021 Supreme(Pat) 394
IN THE HIGH COURT OF JUDICATURE AT PATNA
Ahsanuddin Amanullah, J.
Mrs. Sihanta Devi - Appellant
Versus
The State Of Bihar & Ors. - Respondent
Civil Writ Jurisdiction Case No. 15882 of 2018
Decided On : 14-07-2021
Mr. Gajendra Pratap Singh, Advocate, for the Appellant; Mr. Harish Kumar, GP 8 with Mr. Sudhanshu Bhushan, AC to GP 8, Mr. Bindhyachal Rai, Advocate, Mr. Birendra Kumar, Advocate, for the Respondent.
Headnote:
Service Law – Death-cum-retiral benefits and ex-gratia compensation – In all records maintained by deceased employer pertaining to deceased, only petitioner has been shown, all along, as deceased's wife without there being any inkling or indication whatsoever about respondent no. 10 also being wife at any point of time by deceased employee himself – Fact that petitioner has three sons and five daughters out of which four daughters, on date, are still to be married is also a reason why Court finds that payments have to be immediately made to petitioner as already for over a decade such payment has been denied to her – Direction issued to respondents concerned to make payment of death-cum-retiral benefits as also ex-gratia compensation due in favour of petitioner – Payments shall carry interest at the rate of 5% simple interest per annum. (Paras 10, 13, 27, 28, 30 and 34)
2021 (1) BLJ 466 : MANU/BH/770/2020; 2021 (2) PLJR 313 : MANU/BH/0070/2021 – Relied.
JUDGMENT
1. The instant writ petition has been taken up for hearing via video-conferencing.
2. Heard Mr. Gajendra Pratap Singh, learned counsel for the petitioner; Mr. Harish Kumar, learned Government Pleader 8 along with Mr. Sudhanshu Bhushan, learned Assistant Counsel to GP 8 for the State; Mr. Bindhyachal Rai, learned counsel for the Accountant General and Mr. Birendra Kumar, learned counsel for the respondent no. 10.
3. The petitioner has moved the Court for the following reliefs:
"i) For issuance of a writ in the nature of a writ of mandamus commanding and directing the concerned respondents to pay the petitioner:
a) The entire amount of compensation for death (petitioner's late husband died in course of Bihar Legislative assembly election in Banka, 2010) with an interest of 18% (percentum) per annum resting quarterly since his death on 31.10.2010.
b) The payment of entire amount of retiral benefit payable to the petitioner being the nominee of her late husband in the records of employees service record with the employer i.e. the State of Bihar, since the date of death till today with 18% annum interest which rests quarterly.
c) The entire salary receivable by the petitioners late husband from the date of his death i.e. 31.10.2010 to the date of his superannuation from service which is 31.05.2012 (as per service record available with the employer.
d) To start family pension as per her entitlement consequently and pay every type of benefits, deposits such as Provident Fund, Insurance, Gratuity, Unutilized leave dues and every admissible dues paid to an employee with 18% (percentum) of interest resting quarterly.
ii) For any other relief(s) as your Lordships may deem fit and proper in the facts and circumstances of the present case.
iii) For payment of adequate compensation to the petitioner for keeping her and her entire family deprived and forcing them to fight to finish for their basic human requirements."
4. Earlier, on two occasions, the petitioner had moved this Court for the same relief(s). CWJC No. 11826 of 2015 filed by the Petitioner was disposed off by Judgment and Order dated 22.10.2016, whereby the Principal Secretary, Water Resources Department (Respondent No. 2 herein) was directed to decide the claim of the petitioner and respondent no. 10, after giving them an opportunity of being heard, and producing whatever evidence they may have in favour of their respective stands. Later, the petitioner again moved the Court in CWJC No. 11187 of 2017.
5. Pursuant to the Judgement and Order dated 22.10.2016 in CWJC No. 11826 of 2015, the Principal Secretary, Water Resources Department passed order dated 10.07.2017 by which a decision was taken, to pay 50% pension, gratuity, unutilised earned leave and ex-gratia payment on account of death while on election duty, to the children of the petitioner and 50% to the respondent no. 10, whereas payment of Provident Fund and Group Insurance was decided to be made to the children of the petitioner. The order of the Principal Secretary, Water Resources Department dated 10.07.2017 concerning the payments in favour of the respondent no. 10, was sought to be challenged by the petitioner by filing Interlocutory Application No. 5900 of 2017 in CWJC No. 11187 of 2017. The same was allowed by order dated 16.08.2017 in CWJC No. 11187 of 2017 in the following terms:
"This interlocutory application has been filed by the petitioner for adding prayer to quash a part of the order dated 10.07.2017 passed by the Principal Secretary, Water Resources Department, Bihar, Patna whereby one Smt. Babuni Devi has been ordered to be paid fifty per cent of the retiral benefits of the Executive Engineer, Water Resources Department, Katihar, late Din Dayal Singh. It has been submitted by the learned counsel for the petitioner that the petitioner came to know about the order dated 10.07.2017 only after the instant writ application was filed. He has submitted that in the interest of justice, the petitioner may be allowed