Baba Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6493 of 2022 ====================================================== Baba Devi Wife of Ram Narayan Bhandari, resident of Village - Bodai, P.S.- Lakhnaur, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Health Department, Government of Bihar, Patna.

2.

The Director-in-Chief (Health Service), Government of Bihar, Patna. 3.

The Civil Surgeon-cum-Chief Medical Officer, Madhubani. 4.

The Incharge Medical Officer, Primary Health Centre, Ghoghardiha, District - Madhubani.

5.

The District Provident Fund Officer, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the State :

Mr. Jitendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-11-2024 Heard Mr. Krishna Kant Singh, learned Advocate for the petitioner and Mr. Jitendra Kumar, learned Advocate for the State.

2. The petitioner, hapless widow of the late Ram Narayan Bhandari, who died in harness on 19.03.2000, has approached before this Court, seeking a direction upon the respondent concerned to ensure payment of outstanding dues of death-cum-retiral benefits of her husband, which has remained unpaid to her.

3. Learned Advocate for the petitioner fairly contended that during the pendency of the writ petition

Patna High Court CWJC No.6493 of 2022(5) dt.13-11-2024 2/3 substantive amount under the death-cum-retiral benefits have been paid to the petitioner. However, till date the petitioner has not been paid statutory interest over the G.P.F. amount, paid to the petitioner after delay of almost 20 years. Learned Advocate for the petitioner drawing the attention of this Court to the averments made in the counter affidavit filed on behalf of the respondent no. 5, vigorously contended that a sum of Rs. 52,639/- was sanctioned by the Office of the Civil Surgeon, Madhuban vide Letter No. 316 dated 31.03.2003 and now after filing of this writ petition, the aforenoted authority letters have been revalidated and the amount of Rs. 52,639/- has been paid, but without there being any interest.

4. Learned Advocate for the State contended that the authority letter was issued way back in the year 2003, but the same has been returned to the G.P.F. Office by Primary Health Centre, Ghoghardiha, Madhubani and the petitioner has never made any application therein and after 20 years she approached before this Court.

5. Having heard the submissions advanced on behalf of learned Advocate for the parties and taking note of the fact that the due amount under the G.P.F. was kept pending since 2003 before the concerned authorities, this Court does not find

Patna High Court CWJC No.6493 of 2022(5) dt.13-11-2024 3/3 any reason as to why the petitioner is not entitled for the interest over the amount, which was kept pending with the Department since long. The concerned respondent nos. 3, 4 and 5 are directed to ensure the statutory interest over the remaining amount of G.P.F. to the tune of Rs. 52,639/- till the actual payment is made, preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.

6. It is pertinent to observe that the petitioner is a hapless widow and earlier also she was compelled to approach before this Court for payment of death-cum-retiral benefits of her husband. Thus, the respondent authorities are cautioned to adhere with the period stipulated herein above.

7. The writ petition stands disposed off.

(Harish Kumar, J.) Jyoti Kumari/- U