Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4092 of 2016 ====================================================== Ashok Kumar, Son of Late Chandrika Prasad Singh, Resident of at & Village - Sadi, P.O. - Badi, P.S. - Katrisarai, District - Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

2. The Director (Primary Education), Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

3. The District Education Officer, Patna.

4. The District Education Officer, Nalanda.

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

For the Petitioner/s : Mr. Jai Kishor Poddar, Adv. For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2017 Heard learned Counsel appearing on behalf of the petitioner and respondent State.

The present writ application has been filed for a direction to the respondent authorities to sanction and release the entire G.P.F. amount of the father of the petitioner along with statutory interest calculated from due date of payment to actual date of payment.

The father of the petitioner, namely, Chandrika Prasad Singh retired in September, 1985 from the post of Headmaster, Government Middle School, Chesi, Block -

Patna High Court CWJC No.4092 of 2016 (2) dt.10-08-2017 2/3 Naubatpur, in the District of Patna. Consequently, the retiral benefits like Group Insurance, Earned Leave amount, provisional pension and provisional gratuity were released in favour of the late father of the petitioner, but neither the GPF was sanctioned nor released. The father of the petitioner died on 20.02.1991. Subsequently, the other heirs of the deceased employee agreed for payment of all the retiral benefits in faovur of the petitioner. Subsequently, the authorization letter was issued in favour of the petitioner in terms of letter dated 19.01.1998 by the Treasury Officer, Nalanda. Thereafter, in terms of letter dated 19.01.1998 and 16.05.1998, the petitioner was paid arrears of pension and gratuity of his late father, but the GPF amount was not paid and for the same the petitioner submitted representation dated 29.06.2015, before the District Education Officer and District Provident Fund Officer, Patna but in spite of that the same has not been paid.

Since the writ application was registered on 26.02.2016 and till date no counter affidavit has been filed, this Court is not inclined to adjourn the matter any further. In the circumstances, the respondent authorities, particularly, Respondent Nos. 3 to 5, i.e., the District Education Officer, Patna, the District Education Officer, Nalanda and the

Patna High Court CWJC No.4092 of 2016 (2) dt.10-08-2017 3/3 District Provident Fund Officer, Patna respectively, are directed to make the payment of admissible GPF amount, along with statutory interest within a period of eight weeks from the date of receipt/production of a copy of this order. If any amount claimed by the petitioner is not paid, a reasoned order be passed by the concerned authority within the same period, which will be amenable to challenge in separate proceeding Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Ashwini/- U