Most. Anju Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3168 of 2016 ====================================================== Most. Anju Kumari, Wife of late Sita Ram Singh, Resident of Village- &P.O. Bathani, P.S. Atri, District -Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Secretary, Primary Education Department, Vikash Bhawan, Bailey Road, Patna.

2. The Director, Primary Education, Education Department, Vikash Bhawan Secretariat, Bailey Road, Patna.

3. The Collector, Jehanabad, District-Jehanabad

4. The District Provident Fund Officer, Jehanabad

5. The District Programmed Officer (Establishment),District- Jehanabad

6. The Drawing & Disbursing Officer, Primary School, Narayanpur, Anchal Ghosi Southern, District- Jehanabad

7. The Treasury Officer, Jehanabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Sharma, Adv. For the Respondent/s : AC to AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2017 Heard Mr. Ghanshyam Sharma, learned Counsel appearing on behalf of the petitioner and learned AC to AAG-10 appearing on behalf of the respondent-State.

Learned Counsel for the petitioner is permitted to make necessary correction in the cause title of the respondent side as numbering of the respondents has been wrongly mentioned. The present writ application has been filed for a direction to the respondent authorities to make payment of G.P.F amount along with statutory interest calculated from 05.08.2010

Patna High Court CWJC No.3168 of 2016 (2) dt.10-08-2017 2/3 till the actual date of payment. Further prayer has been made to furnish the balance sheet up to 1985-86, the deduction statement from March, 1986-87 till the death of the husband of the petitioner and other allied documents.

It is submitted by learned Counsel appearing on behalf of the petitioner that the husband of the petitioner joined as Assistant Teacher, Primary School, Chai Guruwa, Gaya, on 04.04.1983 and he died in-harness on 04.08.2010, while he was posted at Primary School, Narayanpur, Circle -Ghosi Southern, Jehanabad. The G.P.F. amount was deducted from the salary of the petitioner from initial date of appointment, till the date of his death, i.e., 04.08.2010. The petitioner visited the office of the respondent authorities on several occasions, for making payment of GPF amount, but the same has not been paid. The petitioner submitted his last representation on 05.01.2015, through ordinary post, to the Respondent Nos. 5, 6 and 7. Since the payment has not been made, hence, the present writ application. Since the writ application was registered on 15.02.2016 and till date no counter affidavit has been filed, this Court is not inclined to adjourn the matter any further. In the circumstances, the writ application is disposed of with a liberty to the petitioner to submit a fresh representation

Patna High Court CWJC No.3168 of 2016 (2) dt.10-08-2017 3/3 before Respondent No.5, District Programme Officer (Establishment), Jehanabad, who is expected to consider and dispose of the representation of the petitioner and make payment of the admitted dues of GPF amount along with statutory interest within a period of six weeks. If any amount claimed by the petitioner is not to be paid, a reasoned order should be passed by the concerned authority within the same period, which would be amenable to challenge in separate proceeding Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Ashwini/- U