Jharkhand HC Mandates Time-Bound Decision on Benefits Claim of Legal Heir of Missing Employee
Kanchan Lata Khalkho v. State of Jharkhand & Ors.
WP(S) No. 7756 of 2025
Issue
Whether the petitioner, being the wife and legal heir of a government employee who has been missing since 09.10.2013, is entitled to receive benefits under the Government Circular providing relief to legal heirs of missing employees, and whether the authorities failed to consider her claim.
Rule (Law Applied)
Government Circular providing grant of service and financial benefits to legal heirs of missing government employees. Principles of administrative fairness and duty of authorities to consider representations.Writ jurisdiction under Article 226 of the Constitution of India, empowering the High Court to issue appropriate directions to public authorities.
A – Application (Court’s Analysis)
The Court noted that the petitioner’s husband, a Primary School Teacher, had been missing since 09.10.2013, and a station diary entry was duly made.The petitioner claimed that despite the existence of a Government Circular granting benefits to legal heirs of missing employees, she had not been extended any benefit.The State did not deny the existence of the Circular but contended that the petitioner must first approach the District Superintendent of Education, Pakur, by submitting a proper representation along with necessary documents.The Court found this submission reasonable and held that the grievance should first be examined by the competent authority.The Court emphasized that if the petitioner is found to be the legal heir and eligible under the Circular, benefits must be granted without unnecessary delay.At the same time, the Court ensured procedural fairness by directing that any rejection must be through a reasoned order.
Conclusion (Holding & Directions)
The writ petition was disposed of with directions.The petitioner was directed to:File a representation within four weeks before the District Superintendent of Education, Pakur.The authority was directed to: Decide the representation within six weeks thereafter.If the petitioner is found entitled, extend benefits within four weeks, strictly in terms of the Government Circular.If the claim is rejected, pass a reasoned order and communicate it to the petitioner.
