Jharkhand High Court
Sukomani Marandi vs The State Of Jharkhand & Others on 22 November, 2022
Author: Ananda Sen
Bench: Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6299 of 2017
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Sukomani Marandi ... Petitioner
-versus-
The State of Jharkhand & Others ... Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : None
For the Respondents : Ms. Priti Priyamvada, AC to GP V
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5/ 22.11.2022 No one appears on behalf of the petitioner.
2. In this writ petition, petitioner is praying for the following reliefs:-
A. To issue a direction to the concerned respondent to consider the case of the petitioner's deceased husband, who had been appointed earlier as Pump Choukidar (Operator/Khalasi) on Karyabharit appointment vide letter No.1791 dated 05.08.1982 and letter No.3809 dated 08.08.1982 issued by District Engineer, Minor Irrigation Department, Deoghar Division to Regular (Niyamit) appointment of her deceased husband as the husband of the petitioner continued his service on the post of Pump Choukidar (Operator/Khalasi) till the date of his premature death in harness on 17.01.1995 in view of the fact that deceased husband of the petitioner was being the sole bread earner of the family and denial of her legitimate claim ultimately pushed the petitioner and the entire family on the verge of starvation due to sudden demise of sole bread winner of the family. B. To issue a writ in the nature of mandamus commanding upon the respondents to forthwith consider her case and accordingly pay the entire dues of her legitimate claim which has not been paid to her even after the deceased died long back on 17.01.1995 during his service but under suspension period and for which several letters as well as verbal talks was preferred before the authority way back and after query all required formalities were supposed to have been completed but till today the petitioner has not been paid her entire dues.-: 2 :-
C. To issue a writ in the nature of mandamus commanding upon the respondents to forthwith consider her case and accordingly Regularise the service of her deceased husband pending since long but taken into list at Sl. No.22 vide Letter No.838 dated 23.09.1987 issued by Superintending Engineer, Minor Irrigation Circle, Dumka.
D. To issue a writ in the nature of mandamus commanding upon the respondents to forthwith consider her case and accordingly fix her Family Pension in favour of the petitioner since her deceased husband has died in harness and the petitioner and his entire family members are in urgent need of money and they are running from pillar to post for the required fixation of her Family Pension and other dues but reason best known to the authority till today Fixation of Family Pension has not been finalized nor the legitimate dues.
3. Counsel for the State-respondents submits that services of the husband of the petitioner has been regularized, but, as the petitioner has not filled up the pension papers, pension is not being paid to the petitioner. She submits that until and unless the pension papers are duly filled up, the respondents cannot proceed to pay pension.
4. I direct the Member Secretary, Jharkhand State Legal Services Authority to make necessary arrangement and ensure that the pension papers are duly filled up by the petitioner and be submitted with the Department at the earliest. A Paralegal Volunteer should be deputed to ensure that the pension papers are duly filled up by the petitioner.
5. Let a copy of this order along with the writ petition be forwarded to the Member Secretary, Jharkhand State Legal Services Authority, who will submit a report before this Court within six weeks about compliance.
6. List this case after six weeks.
(Ananda Sen, J.) Kumar/Cp-02