Nuneshwar Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8687 of 2014 ====================================================== Nuneshwar Devi, wife of late Parmeshwar Soren, resident of Mohalla/village- Chotki Hathia, P.S.+P.O.- Havali Kharagpur, DistrictMunger .... .... Petitioner

Versus

1. The State of Bihar

2. The District Magistrate, Bhagalpur

3. The Circle Officer, Gopalpur Circle, Gopalpur, District- Bhagalpur

4. The District Provident Fund Officer, Bhagalpur

5. The Accountant General, Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Pravin Kumar, Advocate : Mr. Anand Mohan Verma, Advocate For the Respondent/s : Mr. Sanjeev Kumar Mishra, AC to SC 17 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and the State.

As prayed, the petitioner is permitted to implead the District Provident Fund Officer, Bhagalpur as well as Accountant General, Bihar, Patna as party respondents. Petitioner is a widow. She has stated that her husband Late Parmeshwar Soren died in harness on 18.11.2013 when he was working on the post of Circle Amin in Gopalpur Circle in Bhagalpur district. It is contended that the amount against gratuity was already paid and during the pendency of the writ petition, amount of gratuity, leave encashment and G.I.S.

Patna High Court CWJC No.8687 of 2014 (2) dt.30-01-2016 2/3 have also been paid. However, Family pension, G.P.F., grant of A.C.P. and other benefits including amount accrued on revision of pension have not been paid.

Having regards to the facts and circumstances of this case, this writ application is being disposed of with a direction to the District Magistrate, Bhagalpur to examine the matter of the petitioner and take necessary steps for payment of family pension and other dues of the petitioner which have not been paid as yet. The District Provident Fund officer is also directed to calculate the amount of G.P.F. along with statutory interest and ensure its payment preferably within a period of four weeks from the receipt/ production of a copy of this order. if the same has not been paid as yet. The District Magistrate would be required to take necessary steps as stated above within a period of two months from the receipt/ production of a copy of this order.

Patna High Court CWJC No.8687 of 2014 (2) dt.30-01-2016 3/3 necessary authorization in accordance with law within a period of eight weeks thereafter.

(Dr. Ravi Ranjan, J.) rinkee/deepika U