CUTTACK: The Orissa high court has directed the state government to pay 83-year-old Krushnapriya Rath all retirement dues and pensionary benefits her husband was entitled to since his retirement 29 years ago. On June 22, the HC issued direction for payment of the entitlements to 88-year-old Kashinath Rath under the premise that he was surviving on the date of judgment.
“The HC issued the fresh order after it was informed through an interlocutory application (IA) that Kashinath died on September 24, 2020 and is survived by his wife, Krushnapriya,” his counsel Siddheswar Mallik told TOI on Thursday. Kashinath, a village-level worker under the panchayati raj department died of old age at his native place, Jemadeipur village under Narsinghpur police station limits in Cuttack district.
While seeking modification of the June 22 order, the HC was also informed that both the counsel for the petitioner and the counsel of the other side had no information of the petitioner’s death on the date of the judgment. The single-judge bench of Justice Biswanath Rath entertained the application as “review of the court’s final order for the sad demise of the husband, the petitioner” and issued the direction for immediate payment of Rs 5 lakh as per June 22, 2021 to Krushnapriya Rath.
Justice Rath directed the state government to hand over the amount to her through a special messenger within seven days. The payment will be subject to adjustment against the total entitlement to be paid. Pending finalisation of calculation of entitlement of Kasinath Rath be concluded and the panchayati raj department also may prepare necessary documents for handing over the entitlements to his wife in the same stroke to avoid unnecessary delay in release of admitted dues in her favour, Justice Rath specified in his July 16 order, a copy of which was available on Thursday.
In the modified order, Justice Rath directed the panchayati raj department to file an affidavit on compliance of the direction and indicate the entitlements of late Kasinath Rath on next listing of the matter on July 30, 2021. For unjustified dealing on the part of the public authority, Justice Rath on June 22 directed to pay Kashinath Rath the whole arrear at 6% interest from November 21, 2000, till September 9, 2012 and 8% interest thereof.
Looking to the age of the petitioner, if there is delay in compliance with the court’s direction, the petitioner shall be entitled to interest at 10% all through, Justice Rath further specified in the order.
