Lilawati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14468 of 2014 =========================================================== Lilawati Devi, W/o Late Deo Kumar Dubey, Resident of Rental Flat-257, Kankarbagh Colony, P.S.- Kankarbagh, Lohiya Nagar, Patna-800020. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.

3. The Director, Administration cum Deputy Secretary, Education Department, Govt. of Bihar, Patna.

4. The Director, Jan Siksha, Education Department, Govt. of Bihar, Patna.

5. Account General, Bihar, Patna Birchand Patel Marg, Patna.

6. District Programme Officer (Establishment), Muzaffarpur.

7. The Director, Provident Fund Directorate, Pant Bhawan, Bailey Road, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ram Kishore Singh, Advocate For the Respondent/s : Mr. Kinkar Kumar, SC-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 04-08-2017 The instant writ petition has been field on behalf of the petitioner for a direction upon the respondents to issue family pension in favour of the petitioner including the amount of gratuity, leave encashment, general provident fund and other admissible benefits.

2. At the outset, it is submitted by the learned

Patna High Court CWJC No.14468 of 2014 dt.04-08-2017 2 / 3 counsel for the petitioner that apart from general provident fund, the grievance of the petitioner in respect of other claims has been redressed.

3. On the other hand, learned counsel for the State has submitted that the husband of the petitioner retired from the post of Project Officer, Adult Education Department on 31.01.1991 and died on 04.03.2011. However, no such grievance was ever raised by the deceased employee during his lifetime. The matter was raised by the petitioner, who is widow of the deceased employee for the first time by filing writ petition in August, 2014. He has submitted that the Director, Provident Fund, Bihar has obtained the deduction statements for the financial year 1975-1976 to 1985-1986, but the deduction statement of the deceased employee for the period 1986-1987 is yet to be provided by the parent department. He has submitted that efforts are being made to obtain the deduction statement for the period 1986-1987 and, immediately, on receipt of the deduction statement, the due payment of general provident fund would be made to the petitioner.

4. I have heard learned counsel for the parties.

5. Regard being had to the submissions made above, the writ petition is disposed of with a direction to the respondents to make payment of the general provident fund dues to

Patna High Court CWJC No.14468 of 2014 dt.04-08-2017 3 / 3 the petitioner as early as possible, preferably within a period of three months from today.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.08.2017 Transmission Date NA