This writ petition has been filed for a direction upon respondents to release financial benefits towards A.C.P., general provident fund, leave encashment amount and the amount of attached link insurance as well as medical leave pay of 9 months from December, 2006 to August 2007 with interest.
Petitioner's husband was a driver in the office of Regional Transport Officer and had continuously worked since 1984. In December, 2006 he was transferred from Pratapgarh to Chitrakoot but he admittedly had not joined on account of his illness and ultimately died on 04.09.2007. The widow of late employee has, thus, approached this Court for release of withheld retiral/financial benefits due and payable to late husband of the petitioner.
A counter affidavit has been filed, in which it is stated that the relevant record relating to petitioner had got burnt in an accidental fire caused in the office of Regional Transport Office on 26.11.2013. It is stated that details have been searched out in different offices and the amount of G.P.F. has been paid to the petitioner. With regard to other dues, it is stated that records are not available and the concerned authorities are making efforts to requisition the record from the concerned offices.
During the pendency of the writ petition, the amount of G.P.F. has already been paid to the petitioner. Period of 14 years have expired since the death of the petitioner's husband, who was a driver. Respondents were expected to have collected relevant records from the offices where the petitioner's husband had worked so as to examine his claim for release of withheld financial benefits. It would not be open to the respondents to deny financial benefits due and payable to the petitioner only because the records have not been searched out, indefinitely.
Perusal of record clearly go to show that Additional Transport Commissioner on 05.01.2018 itself issued a direction to the authorities concerned for taking all necessary actions regarding grant of medical leave to the husband of the petitioner and to intimate him within three days regarding the action so taken. It is pointed out that despite this order nothing has been done.
Retiral benefits are entitlement of the retired employee. Such amount cannot be denied to an employee merely because relevant records are not traced out. Such records were otherwise in the custody of the respondents and the petitioner or her husband cannot be blamed for the same. At best reasonable period can be allowed to the respondents to search out the record or to prepare duplicate of it for the purpose. 18 years are more than sufficient time for such purposes. The petitioner cannot be made to suffer any further.
In such circumstances, a writ of mandamus is issued to the second respondent to ensure that petitioner's claim is examined in terms of the prayer made before this Court in the present writ petition and all dues (except the amount of G.P.F. already paid) would be got ascertained and paid to the petitioner within a period of four months from the date of presentation of a copy of this order, failing which the petitioner would also be entitled to interest at the rate of 8% per annum. It shall, however, be open to the respondents to recover the amount of interest from the salary of the officer, who fails to comply with the aforesaid order.
The writ petition is allowed, accordingly.
Order Date :- 18.8.2021 Pkb/