JUDGMENT

Karunesh Singh Pawar, J.

Heard Shri Mohd. Ali, learned counsel for the petitioner as well as Shri Vinod Kumar Singh, learned Additional Standing Counsel for the respondent/State.

Prayer

2. The present petition has been filed by the petitioner under Section 226 of the Constitution of India with the following prayers: -

"(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to release and make payment of entire retiral benefits of the petitioner's deceased husband Late Ram Kumar Srivastava, which includes amount of Death Gratuity, leave encashment, G.P.F., G.I.S., arrear of salary in revised pay scale of the deceased fallen due with effect from 1.1.2006 to 5.10.2008 and family pension to the petitioner with effect from 6.10.2008 together with its arrears along with interest @ 12% per annum;

(ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay penal interest @ 12% per annum or an amount as may be quantified by this Hon'ble Court over the entire pending amount of the petitioner's deceased husband, Late Ram Kumar Srivastava due to arbitrary and illegally withholding the dues and creating inordinate delay from the date of his death i.e. 5.10.2008 till the actual payment is made by the opposite parties to the petitioner;

(iii) to issue a writ, order or direction in the nature of commanding the State Government, the party No.1 to fix personal liability of the authority as per Government order dated 28.9.1999, contained in Annexure No.14 to the writ petition, who is responsible for creating inordinate delay in the payment of retiral dues including family pension to the petitioner by now about ten long years, thereby recover the amount of interest @ 12% per annum or above over the entire withheld amount from the liable authority and pay the same to the petitioner for suffering financial hardship and frame in absence of the payment of her legal dues;

(iv)....

(v)......"

Facts Of The Case

3. The husband of the petitioner, Ram Kumar Srivastava, while serving on the post of Tubewell Operator in Irrigation Department at Raebareli, died on 5.10.2008, leaving behind following family members who are dependants of deceased employee:-

1. Smt.Ragini Srivastava, wife of deceased Ram Kumar Srivastava,

2. Km.Niharika Srivastava, daughter of Late Ram Kumar Srivastava,

3. Km.Jyoti Srivastava, daughter of Late Ram Kumar Srivastava,

4. Amit Srivastava, son of Late Ram Kumar Srivastava.

4. On account of sudden death of the sole bread earner of the family, the family members have fallen into great financial crisis and as such, the petitioner approached to the Executive Engineer, Nalkoop Khand, Chhajlapur, Rae Bareli requesting him to provide death-terminal dues of the deceased Ram Kumar Srivastava to her and also she claimed compassionate appointment to her son, namely, Amit Srivastava. In response, the Executive Engineer required from the petitioner to submit the Succession Certificate granted by the competent Court. Thereafter, on 21.10.2008, the petitioner moved an application before the Executive Engineer, seeking to provide her the detail amount of dues of her deceased husband enabling her to get the succession certificate, however, when no heed was paid, the petitioner sought information under the Right to Information Act about the pending dues of her deceased husband. In pursuance thereof, the petitioner was informed that as on 27.1.2009 G.P.F. amount due was Rs.1,05,084/-, leave encashment was Rs.1,13,930/-, G.I.S. amount was Rs.60,000/- and amount of gratuity