PATNA, India, July 18 -- Patna High Court issued the following judgment on July 10:
Heard the parties.
2. The husband of the petitioner was duly appointed on the post of Tracer (Anurekhak) on 17.03.1986. While he was discharging his duty, in the meanwhile, he was suffered with some mental illness, and finally came to be superannuated on 30.09.2020.
3. Despite the aforesaid fact, when the husband of the petitioner, the erstwhile employee, has not been accorded the retiral benefits and other dues, the petitioner, being the wife and taking care of her husband, has moved this Court by filing the present writ petition stating all the facts.
4. A counter affidavit on behalf of respondent Nos. 1 to 5 came to be filed. From the averments made therein, it transpired that all the admissible retiral benefits, except 10% of gratuity and 10% of pension as well as leave encashment, have been paid to the petitioner till date on account of unauthorized absence of the husband of the petitioner, as disclosed in paragraph-24 of the counter affidavit. It is submitted that further decision will be taken for making payment of due amount after decision taken by the Department. It is admitted that till date, no such decision has been taken and the petitioner has been deprived from the legitimate retiral benefits and other dues. In view of the averments made in the counter affidavit, this Court finds it appropriate to dispose of the writ petition with a direction to the respondent No. 3 to take a final decision on unauthorized absence of the petitioner and ensure payment of remaining retiral benefits and other due amount, in accordance with law, preferably within a period of 12 weeks from the date of receipt/production of a copy of this order..
5. The writ petition stands disposed of.
Disclaimer: Curated by HT Syndication.
