Employee’s Death Renders Family Destitute; State Should Promptly Discharge Its Duty With Empathy As Per Law: Allahabad HC

The Allahabad High Court while calling out inordinate delay of 14 years in clearing dues to the family members of a deceased employee has observed that State should discharge its duty promptly and with empathy in such cases.

The Court was considering a Writ Petition filed in this regard.

The single-bench of Justice Ajay Bhanot observed, "The delay in payment of the aforesaid amount (consequently this Court finds) is entirely due to the apathy of the respondents. The death of an employee enders the family destitute in more ways then one. Apart rom losing emotional anchor, the sole bread earner was also lost by the family," the Court observed.

The Petitioner was represented by Advocate Bramh Narayan Singh while the respondent was represented by C.S.C.,Manu Singh.

The retiral dues of the petitioner's deceased husband were disbursed to her after a long delay. The petitioner has made an application for grant of interest on the delayed payment. The retiral dues were not paid timely. The petitioner instituted a writ petition before the Court in the year 2019 and despite directions issued by the Court, the amount was not disbursed to her which caused the petitioner to file a contempt petition. Finally, the amounts to which the petitioner was entitled upon death of her husband were disbursed at the end of year.

The Court noted that no cause for the delay in processing the family pension and provident fund amount which is the entitlement of the petitioner is disclosed from the counter affidavit.

"In these circumstances it is always expected that the State authorities should discharge their duties with promptitude and empathy as per law. To the contrary the authorities adopted a callous attitude to the plight of the petitioner. The deceased employee's family cannot be harassed for her entitlements by overbearing officials. The respondents are liable to pay interest on the delayed payment," the Court observed.

The Court found that the respondents are liable to pay interest to the petitioner for the delayed payment for pension and other terminal dues of the deceased employee.

The Petition was accordingly allowed.

Cause Title: Smt. Krishnawati vs. State Of U.P. And 3 Others (2024:AHC:177439)