Fatima Kalim v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17703 of 2012 ======================================================
1. Fatima Kalim Widow Of Late Dr. Md. Kalim Ashraf Resident Of Coloney - New Millat, Sector-I, Khagaul Road, P.S. Phulwarisharif, District - Patna .... .... Petitioner
Versus
1. The State Of Bihar Through Its Director, Health Department, Patna, Bihar
2. The Principle Secretary, Health Department, Bihar, Patna
3. The Director Of G.P.F., Patna, Bihar
4. The Collector, Nawada
5. The Civil Surgeon , Nawada, Bihar
6. The District Provident Officer, Nawada .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Ataul Haque For the Respondent/s : Mr. Tripurari Nath Ambastha, AC to GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2016 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the respondents. The petitioner's husband, Late Dr. Md. Kalim Ashraf, was appointed, on 18.07.1974, as Medical Officer, in the District Board Hospital, Arha, in the district of Munger.
It appears that the services of the deceased employee were taken over by the State Government with effect from 01.02.1981. He died in harness on 27.02.2005. Apparently, thus, the petitioner's husband
Patna High Court CWJC No.17703 of 2012 (4) dt.19-07-2016 2/2 served the District Board Hospital, Arha, for the period 18.07.1974 to January, 1981. More than five years after the death of the deceased employee, his widow has filed the present writ application, seeking direction for payment of Provident Fund amount for the period 1974 to 1981, and also the amount of gratuity.
There is no averment in the writ application as to whether any deduction toward the provident fund was made from the salary of the deceased employee during the period he served the District Board Hospital, Arha. Nothing has been brought to my notice as to why the petitioner would have been entitled for amount of gratuity for the said period, i.e., 1974 to 1981.
I do not find any merit in this application. This writ application is accordingly dismissed.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T X