Sadhori Soren vs Jharkhand State Electricity Board and Others

S.J. Mukhopadhaya, J.—The husband of petitioner late Govind Hembrom was in the services of Bihar State Electricity Board (B.S.E.B. for short) and died in harness on 2nd October, 1998. Thereafter though a sum of Rs. 1,46,579/- was sanctioned by the competent authority, namely, General Manager-cum-Chief Engineer, Electric Supply Area, Bhagalpur vide letter dated 13th March, 2003 but it was not paid. The authorities allowed provisional family pension from August, 2002 but arrears on finalization of family pension and other dues were not paid. This apart, inspite of application made by the petitioner for compassionate appointment of her son, the respondents did not consider the case of the son of petitioner for compassionate appointment against class-IV post.

Inspite of time allowed to respondents on 20th December, 2002, 29th January, 2003, no counter affidavit was filed. This Court vide order dated 4th March, 2003 allowed further three weeks'' time on the request of the counsel for B.S.E.B. and Jharkhand State Electricity Board (J.S.E.B. for short) to file their respective counter affidavit and made it clear that if no counter affidavit is filed, they will be liable to pay a cost of Rs. 1,000/- each in favour of petitioner.

A counter affidavit has been filed on behalf of respondent Nos. 1 to 3 (J.S.E.B.) but no counter affidavit has been filed on behalf of B.S.E.B. In this background, the B.S.E.B. is liable to pay a cost of Rs. 1,000/- (One thousand) in favour of petitioner as per Court''s order dated 4th March, 2003.

According to J.S.E.B., the age of the deceased was assessed between 60-62 years by a Medical Board which submitted its report on 29th October, 1998 (vide An-nexure-B) but the aforesaid submission cannot be accepted as it is not in dispute that the deceased employee, namely, Govind Hembrom died on 2nd October, 1998 and thereby there was no occasion for any Medical Board to assess the age of a dead person as on 29th October, 1998. Thus there being doubt relating to Annexure-B, the report of the Medical Board, this Court is not inclined to accept the suggestion made by the counsel for the J.S.E.B. that the employee deemed to have retired from service.

This apart, it is not in dispute that the deceased employee late Govind Hembrom was in service as on 2nd October, 1998 i.e. the date he died.

Counsel for J.S.E.B. brought to the notice of the Court that the employee died during the period of B.S.E.B. The competent authority is the General Manager-cum-Chief Engineer, Electric Supply Area, Bhagalpur who is under the control of B.S.E.B.

In the facts and circumstances, the case is remitted with direction to the General Manager-cum-Chief Engineer, Electric Supply Area, Bhagalpur to consider the case of petitioner for payment of full provident fund, gratuity, group insurance and arrears of family pension on its finalization and pay the admitted dues within a period of three months from the date of receipt/production of a copy of this order, failing which the respondents will be liable to pay the interest @ 5% from the date of death of petitioner''s husband.

If the amount is to be paid by the General Manager-cum-Chief Engineer, Dumka, he will do needful on receipt of the appropriate sanction order from the General Manager-cum-Chief Engineer, Electric Supply Area, Bhagalpur and ensure payment within the aforesaid period.

In such case, it will be open to J.S.E.B. to make appropriate adjustment of the amount at the time of apportionment of assets and liabilities.

So far as compassionate appointment of the son of petitioner, namely, Bateshwar Hembrom is concerned, if Bateshwar Hembrom applies afresh before the General Manager-cum-Chief Engineer, Electic Supply Area, Dumka, the said authority will consider the case of petitioner for compassionate appointment of her son (Bateshwar Hembrom) and pass appropriate order within three months from the date of receipt of such application.

The B.S.E.B. will pay the cost of Rs. 1,000/- (one thousand), as observed above, within the aforesaid period of three months.

The writ petition stands disposed of, with the aforesaid observations/directions.