Rakesh Kumar Marandi vs State of Jharkhand and Others

R.R. Prasad, J.—Heard learned Counsel appearing for the Petitioner and learned Counsel appearing for the State.

Learned Counsel appearing for the Petitioner submits that the Petitioner''s father late Surendra Nath Marandi while was under employment died on 15.7.1997. After his death, Petitioner''s mother Champa Devi was appointed on compassionate ground but she also died on 9.9.2010. Thereupon, the Petitioner being son of the late Surendra Nath Marandi and Champa Devi put forth the claims for payment of D.C.R Gratuity amounting to Rs. 1,45,536/-and also arrears of pension which was due to be paid for the period from 15.7.1997 to 14.7.2004 and again from 15.7.2004 to 9.9.2010 as well as other claim but the Civil Surgeon-cum-Chief Medical Officer,Pakur Respondent No. 4 did not do anything in this respect, though the Petitioner had made representation before the Respondent No. 4.

It was also submitted that while making representation for payment of D.C.R gratuity, a certificate was also annexed in proof of the fact that the Petitioner is the sole heir and legal representative of the deceased Surendra Nath Marandi and Champa Devi.

Having heard learned Counsel appearing for the parties, it does appear that the claim of the Petitioner has still to be decided by the authority and therefore, this writ application is disposed of with a direction to the Petitioner to file a fresh representation putting forth all his claims which have been raised in this writ application along with a copy of this order before the Civil Surgeon-cum-Chief Medical Officer, Pakur, Respondent No. 4 within a period of three weeks from today. At the same time, relevant document be also furnished showing the Petitioner being sole heir and legal representative of late Surendra Nath Marandi and Champa Devi. On receiving such representation, Respondent No. 4 shall be taking decision over the claim relating to gratuity, arrears of pension and also statutory interest, if any, on being satisfied that the Petitioner is the sole heir and legal representative of the deceased employee within a period of eight weeks thereafter.