Patna High CourtCWJC/5524/2015disposed

Ajitabh Mishra And ORS v. The State Of Bihar And ORS

2015-06-23Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5524 of 2015 ======================================================

1. Ajitabh Mishra.

2. Amitabh Mishra

3. Smt. Seema Mishra.

4. Sweta Mishra. All sons & Daughters of Late B.D. Mishra, resident of village Mirzapur Chhatra, P.S. Shambhuganj District Banka. .... .... Petitioners

Versus

1. The State of Bihar through Principal Secretary Finance Department Bihar, Patna.

2. The Director, Directorate of Provident Fund, Bihar, Patna.

3. The District Provident Fund Officer, Munger.

4. The District Education Officer, Munger.

5. The District Project Officer (Estb) Munger. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Respondent/s : Mr. Aag10- P.N.Shahi ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-06-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioners after more than 25 years of the death of the employee have approached this Court for a direction for payment of the amount of provident fund of late Urmila Kumari, the Headmistress in Middle School, Tarapur, this Court would direct respondents no. 3 and 4 to ensure that if payment of the amount of provident fund of the mother of the petitioners had not been made till date, the same must be made as per the records available with the authorities. It is made clear that whatever amount of payable provident fund of the mother of the petitioners is arrived at, that shall be accepted because now

Patna High Court CWJC No.5524 of 2015 (2) dt.23-06-2015 after 25 years it will be very difficult for anyone to fund out even the papers or records either relating to deduction or with regard to total accumulation as being now claimed by the petitioner. In that view of the matter, this writ application is disposed of with a direction to respondents no. 3 and 4 to examine the claim of the petitioners as with regard to sanction, release and payment of admitted amount of provident fund of the mother of the petitioners, of course with statutory interest if it has not been paid as yet.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U