Mosmat Sita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8182 of 2014 =========================================================== Mosmat Sita Devi wife of late Yogendra Prasad, resident of Village + P.O.+ Police Station - Madhawapur, District - Madhubani.

.... .... Petitioner/s

Versus

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

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

3. The District Education Officer, Madhubani.

4. The District, Provident Fund Officer, Madhubani.

5. The Incharge Headmistress, Project Kasturba Girls High School Madhawapur, District - Madhubani.

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 30-09-2015 Heard learned counsel for the parties.

Pursuant to order dated 29.09.2015, the District Education Officer, Madhubani as well as the District Treasury Officer, Madhubani are present.

At the very outset, learned State counsel informs the Court that yesterday payment of Rs. 8,33,198/- has been made to the petitioner. However, he also fairly admits that it is not the full and final payment as the GPF, Leave Encashment and Group Insurance remain to be paid. It is submitted that due to no account having been opened in favour of the late husband of the petitioner, the deducted amount of GPF and Group Insurance were deposited in the suspense account which now have to be

Patna High Court CWJC No.8182 of 2014 dt.30-09-2015 2/2 retrieved and calculated notionally for giving the benefits to the petitioner under those heads. It is thus prayed that some time may be given to the authorities to work out the matter and pay the remaining admitted dues of the petitioner.

In view of the fair stand taken by the respondents and also that they have made substantial payment yesterday, this Court takes a lenient view in the matter. However, the Court would expect that the remaining dues of the petitioner shall also be paid to her expeditiously. Accordingly, in view of the submission of learned counsel for the State, in the presence of the aforesaid two officers, that the remaining dues of the petitioner shall be paid to her within four weeks, the writ petition stands disposed off.

In case the respondents fail to comply with the undertaking given before the Court, the petitioner shall have liberty to file an affidavit bringing it to the notice of the Court such violation of the undertaking given.

Personal appearance of the officers stands dispensed with.

(Ahsanuddin Amanullah, J.) P. Kumar U T