Smt. Subhadra Devi vs Union of India (UOI) and Others

D.G.R. Patnaik, J.—Heard counsel for the parties.

The petitioner in. this writ application has prayed for issuance of an appropriate writ commanding the respondents to pay the arrears of gratuity together with interest, leave encashment and other retiral dues payable in the account of the deceased husband of the petitioner, who died in harness on 15.04.1995.

A further prayer has been made by respondents not to compel the petitioner to vacate the quarter No. 1/3-1-Type situated within the D.G.M.S. Colony, Dhanbad, till the entire outstanding retrial dues are not paid.

The facts of the case in brief is that the petitioner''s husband was a Grade-IV/D employee under the respondent D.G.M.S. at its office at Dhanbad.

Upon his death on 15.04.1995, the petitioner submitted her application, praying for grant of appointment on compassionate grounds.

The respondent authorities directed the petitioner to obtain a succession certificate in view of the fact that in the nominee form of the deceased employee, no specific name of any nominee was mentioned and there were several legal heirs of the deceased employee.

The petitioner obtained tire succession certificate on 05.07.1999 and submitted the same before the concerned authorities of the respondents. However, even after submitting the succession certificate, the respondents did not pass any order on her prayer for compassionate appointment. She raised the dispute for adjudication before the Central Administrative Tribunal. The grievance expressed before the Central Administrative Tribunal was also on account of non-payment of tire gratuity and leave encashment which was payable in the account of the deceased employee.

The Central Administrative Tribunal by its order dated 11.05.2004, disposed of the application with a direction to the respondent authorities, in particular, the respondent No. 2, to consider the representation dated 05.07.1999 of the petitioner and take a decision thereon by passing a speaking and reasoned order in accordance with law, within a period of three months from the date of vacation of the quarter by tine petitioner. As regards the claim for payment of gratuity and leave encashment, the Respondent No. 2, was directed to make payment of the balance of amount on the above dues after deducting the up-to-date house rent for unauthorized occupation of the quarter, electricity bills and other dues, within a period, of three months from the date of vacation of the quarter.

Despite the aforesaid direction of the Central Administrative Tribunal, the petitioner did not vacate the quarter fully. Rather, the petitioner claims to have vacated a major portion of the quarter except retaining one room for the purpose of enabling medical treatment for her ailing daughter.

As per the statement of the respondent as contained in the counter affidavit, since the petitioner did not vacate the quarter fully, they were not obliged to pay the arrears of gratuity and leave encashment to the petitioner.

It appears that though the order was passed by the Central Administrative Tribunal bay back in the year 2004, the petitioner has continued to retain the portion of the quarter in her possession. It was only in April, 2007, after a gap of about three years, that the petitioner has filed the instant writ application.

Counsel for the petitioner has wanted to explain the reasons for the delay by referring to the financial constraints and the ailments of her daughter. As it appears, the petitioner has not fully complied with the directions contained in the order of the Central Administrative Tribunal. The claim for compassionate appointment has now become stale and in view of the order passed by the Central Administrative Tribunal, the decision on this issue was to be taken by the respondents only after the petitioner vacates the quarter and within three months from the period of vacating of the quarter. Apparently the petitioner has not complied with the directions issued by the Central Administrative Tribunal. There is considerable delay in filing this writ application. In the light of the above facts and circumstances, I do not find merit in this writ application. Accordingly, this application is disposed of with the observation that if the petitioner complies with the directions as contained in the order passed by the Central Administrative Tribunal and vacates the quarter, the respondents shall, release whatever payments which may be due in the account of the deceased husband of the petitioner, within three months from the date of vacating of the quarter, after deducting the charges towards house rent, electricity dues etc., if any.

With these observations, this writ application is disposed of.

Let a copy of this order be given to the counsel for the respondents.