Sushila Devi @ Shushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6438 of 2021 ====================================================== Sushila Devi @ Shushila Devi wife of late Jhapas Chaudhary @ Late Zapas Chaudhary, resident of village- Mandil, P.S.- Parasbigha, District- Jehanabad, ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Department, Government of Bihar, Old Secretariat, Patna 2.

The Secretary, Human resources Department, Government of Bihar, Old Secretariat, Patna 3.

The Director, Primary Education, Govt. of Bihar, Patna 4.

The District Magistrate, Gaya 5.

District Education Officer, (D.E.O), Gaya 6.

The District Programme Officer, Gaya.

7.

The Block Education Extension Officer, Gurua, Gaya 8.

The District Provident Officer, Gaya.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

None For the Respondents :

Mr. Narendra Kumar, AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 20-03-2024 None appears for the petitioner.

2. Heard Mr. Narendra Kumar, learned counsel for the respondent Nos. 1-8.

3. This writ petitioner has been filed by the petitioner, who is the wife of the late Zapas Chaudhary, for a direction to the respondents to make payment of GPF of late Zapas Chaudhary, the husband of the petitioner who died in harness on 19.05.1998, while working as Primary Teacher at Primary School Pannachana, Dumariya under the district Gaya. The

Patna High Court CWJC No.6438 of 2021(5) dt.20-03-2024 2/3 petitioner has stated that the petitioner is receiving the family pension and other admissible retirement benefits.

4. The respondent No. 8 has filed the counter affidavit wherein, in paragraph-7 thereof it has been stated that the GPF amount of the deceased husband of the petitioner has been authorized on 27.12.2000 for an amount of Rs. 70,111/- vide the letter bearing Memo No. 3274 dated 22.10.2021 addressed to the Senior Treasury Officer, Gaya whereby and whereunder the District Programme Officer, Establishment, Gaya has made a request to the Senior Treasury Officer to clarify regarding the clearance of bill of authorized GPF amount of Rs. 70,111/- and making payment of the said amount in GPF Account No. DIG10361.

5. Thus, from perusal of the averments made in paragraph-7 of the counter affidavit filed by the respondent No. 8, it appears that the GPF amount of the petitioner's late husband has been determined and authorized for an amount of Rs. 70,111/- which has also been directed to be paid in the GPF Account No. DIG-10361.

6. Though counter affidavit by the respondent No. 8 was filed on 20.12.2021, no rejoinder has been filed by the petitioner, controverting the correctness of the averments made

Patna High Court CWJC No.6438 of 2021(5) dt.20-03-2024 3/3 by the respondent No. 8, determing the GPF amount of the petitioner's late husband at Rs. 70,111/-. In that view of the matter it is assumed that the petitioner's late husband is entitled to GPF amount of Rs. 70,111/-.

7. Since the aforesaid GPF amount of the petitioner's late husband was authorised as far as back in the year 2020-21, it is likely that the GPF amount of the petitioner's late husband may have been paid to the petitioner by this time, if, however, the GPF amount of the petitioner's late husband as mentioned hereinabove has yet not been paid to the petitioner, the same shall be paid to the petitioner forthwith without any further delay.

8. The writ petition is disposed of with the above direction.

(Nani Tagia, J) Nishant/- U