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Judgment
Heard learned counsel for the petitioner and State.
The petitioner has moved the Court for the
following relief:
"That this an application for issuance of a writ in the nature of mandamus directing the respondents to made the payment of Gratuity, Earned leave amount and G.P.F. amount of the deceased husband of the petitioner alongwith penal interest at market rate till the date of final payment and also to make the payment of compensation, cost and damages for causing mental and physical harassment to the petitioner due to financial loss in making delay in sanctioning and payment of aforesaid retiral dues of her deceased husband for a long period after his death".
The admitted facts are that the husband of the
petitioner died in harness while working as Assistant Teacher in
Thirhut Academy, Muzaffarpur on 10.11.1996. Thereafter, the
petitioner has till date not got payment of gratuity, earned leave and
G.P.F. The late husband of the petitioner was in service from 1980.
The stand in the counter affidavit is that various
information was required and the Headmaster of the concerned
school had not furnished the same for which show cause has also
been issued to him. From the materials available on record, it
appears that the authorities have come into action only after more
than 20 years i.e., in the year 2017.
The admitted position again is that whatever
information is required, was to be furnished by the authorities in
which the petitioner has no role to play.
Even after 21 years, gratuity, earned leave and
G.P.F. not being paid is an unacceptable position.
Accordingly, the Court directs the Principal
Secretary, Department of Education, Patna to look into the matter
and fix responsibility on the person concerned and also ensure that
the remaining admitted dues of the petitioner are paid to her within
two months from the date of production of a copy of this order
before him. The petitioner shall also be paid Rs. 1,00,000/- by way
of compensation which shall be recovered from the officers
concerned on whom the Principal Secretary, Department of
Education shall fix responsibility.
The writ petition stands disposed off in the
aforementioned terms.
It goes without saying that the amount of G.P.F.
shall be paid along with the statutory interest.