Chandra Lata Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4871 of 2017 ====================================================== 1.

Chandra Lata Devi W/o Late Bhola Poddar, 2.

Kumari Priyanka Sinha @ Suman @ Priyanka Sinha, D/o Late Bhola Poddar, Wife of Rajeshwar Poddar, Both resident of Village- Ujiarpur, P.S.- Ujiarpur, District- Samastipur, at present residing at Kailashpuri, Ward No. 34, Saharsa, P.S. District- Saharsa.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Department of Secondary Education, Government of Bihar, Patna.

3.

The Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur. 4.

The District Magistrate, Begusarai.

5.

The District Education Officer, Begusarai.

6.

The Accountant General, Bihar Birchand Patel, Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Respondent/s :

Mr.Jitendra Kr. Roy No.1, SC 13.

Mr. Hitesh Suman, AC to SC 13.

For Accountant General :

Mr. Raghwanand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-07-2019 The present writ petition has been filed for a direction to make payment of interest on account of delayed payment of death-cum- retiral dues inasmuch as the husband of the petitioner no.1 died on 09.12.1995, however, the death-cumretiral dues was paid only in the year 2015 i.e. after a lapse of more than 22 years.

Per contra, the learned counsel for the respondent State submits that on account of there being delay on the part of

Patna High Court CWJC No.4871 of 2017(4) dt.10-07-2019 2/2 the petitioner in submitting succession certificate, the respondents were not able to process the claims of the petitioner herein for grant of death-cum-retiral dues and ultimately the petitioner could produce the succession certificate only after the same was granted vide order dated 24.3.2014 passed in Succession Case No. 10 of 2016.

I have heard the learned counsel for the parties and I find that though the succession certificate was issued on 24.3.2014, the G.P.F. amount has been paid on 12.1.2015, hence for the said period of delay i.e. from the month of April, 2014 to 12.1.2015, the petitioner would be entitled to statutory interest on the GPF amount.

It is directed accordingly and it is expected that the authorities shall pay the statutory interest to the petitioners, as aforesaid, within a period of eight weeks from the date of receipt/ production of a copy of this order.

The writ petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Tiwary/- U