Most. Nirmala Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 7998 of 2016 =========================================================== Most. Nirmala Singh W/o Late Harandra Pd. Singh Resident of village- Kaddutar, P.S.- Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Human, resources and Development Department, Patna, Bihar.

3. The Under Secretary, Human Resources and Development Department, Bihar, Patna.

4. The Director, Education Department, Patna, Bihar.

5. The Regional Deputy Director, Muzaffarpur, Bihar.

6. The District Education Officer Muzaffarpur.

7. The District provident Fund Officer, Muzaffarpur.

8. The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 16-11-2017 Heard learned counsel for the petitioner and State.

2. The petitioner has moved the Court for the following relief:

"That this an application for issuance of a writ in the nature of mandamus directing the respondents to made the payment of Gratuity, Earned leave amount and G.P.F. amount of the deceased husband of the petitioner alongwith penal interest at market rate till the date of final payment and also to make the payment of compensation, cost and damages for causing mental and physical harassment to the petitioner due to financial loss in making delay in sanctioning and payment of aforesaid retiral dues of her deceased husband for a long period after his death".

Patna High Court CWJC No.7998 of 2016 dt.16-11-2017 2/3

3. The admitted facts are that the husband of the petitioner died in harness while working as Assistant Teacher in Thirhut Academy, Muzaffarpur on 10.11.1996. Thereafter, the petitioner has till date not got payment of gratuity, earned leave and G.P.F. The late husband of the petitioner was in service from 1980.

4. The stand in the counter affidavit is that various information was required and the Headmaster of the concerned school had not furnished the same for which show cause has also been issued to him. From the materials available on record, it appears that the authorities have come into action only after more than 20 years i.e., in the year 2017.

5. The admitted position again is that whatever information is required, was to be furnished by the authorities in which the petitioner has no role to play.

6. Even after 21 years, gratuity, earned leave and G.P.F. not being paid is an unacceptable position.

7. Accordingly, the Court directs the Principal Secretary, Department of Education, Patna to look into the matter and fix responsibility on the person concerned and also ensure that the remaining admitted dues of the petitioner are paid to her within two months from the date of production of a copy of this order before him. The petitioner shall also be paid Rs. 1,00,000/- by way

Patna High Court CWJC No.7998 of 2016 dt.16-11-2017 3/3 of compensation which shall be recovered from the officers concerned on whom the Principal Secretary, Department of Education shall fix responsibility.

8. The writ petition stands disposed off in the aforementioned terms.

9. It goes without saying that the amount of G.P.F. shall be paid along with the statutory interest. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U