1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.5945/2003 (Smt. Mamta Vs. Sirohi Sahakari Bhoomi Vikas Bank Ltd. & anr.) Date of order : 3.7.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Rakesh Arora, for the petitioner. Mr. D.K. Parihar, for the respondent No.1. Mr. M.R. Pareek, for P.F. Department. It is contended by learned counsel for the petitioner that the PF Department is not releasing the retiral benefits of the petitioner. It is stated by Mr. D.K. Parihar, learned counsel for respondent – Bank that they have already deposited the amount in the PF Department. It is contended by learned counsel for PF Department that the petitioner is not approaching the Office for finalization of her case for retiral benefits. In this view of the matter, the petitioner is directed to appear before the P.F. Department and file his claim and apprise the P.F. Department with regard to the FIR filed by the petitioner for whereabouts of her husband. Upon filing the said representation and copy of FIR, the PF Department shall take final decision in the matter, so also, if the petitioner's 2 case falls in the category of presumption with regard to death of her husband in accordance with the Rules then the case of the petitioner for releasing retiral benefits may be considered in accordance with law. The petitioner is also permitted to file application before the Bank for appointment on compassionate ground. Upon filing such application for appointment on compassionate ground, the same shall be considered and decided sympathetically in accordance with law within a period of two months from the date of filing such representation. The case of the petitioner for releasing retiral benefits may also be decided within a period of two months by the P.F. Department from the date of filing of representation by the petitioner. After decision of the said representations, if any grievance remains with the petitioner, then the petitioner will be at liberty to file fresh writ petition. With the above directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun