Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14832 of 2022 ====================================================== Shakuntala Devi W/o-Late Chandeshwar Prasad Singh R/o-Vill and P.O.- Khesrahi. P.S.-Patepur, Dstt.-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Additional Chief Secreary, Education Department, Govt. of Bihar Patna. 3.

The District Educaton Officer, Vaishali.

4.

The District Programme Officer (Establishment) 5.

The Dstrct Provident Fund Officer, Vaishali.

6.

The Headmaster, Sri Mulkjada Singh High School, Dighi, Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Singh, Advocate For the Respondent/s :

Mr. S. K. Ranjan AC to Gp 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2023 Heard the parties.

This application has been preferred for a direction upon the respondents to pay the amount under the head of GPF with interest of husband of the petitioner who died in harness on 05.12.2005 working as an Assistant Teacher in Sri Mulkjada Singh High School, Dighi, Vaishali and also prays for any other relief for which the petitioner is found entitled to. The 74 years old widow has knocked the doors of this Court only because the authorities (under whom her husband Late Chandeshwar Prasad Singh served till 05.12.2005 when he died while in service) chose not to clear the GPF, a rightful dues.

2/6 The authorities sitting on chair forgot that one day they will also retire and will also be knocking the doors of this Court with the same prayer once the office where they are working will look the other way.

The petitioner's husband died in the year 2005 and this is 2023 and her rightful dues have been denied for the last 18 years. The paragraphs 6-10 of the writ petition read as follows:

"6. That the petitioner (an) old age lady (and) her son continuously approached to the different authority but no one is taking notice thereof and prolonging the matter regarding claim of GPF amount.

7. That husband of the petitioner died during the period of service on 05.12.2005 thereafter payment under head of GPF has not been made. For releasing payment relating to GPF headmaster of different schools where the

3/6 husband of petitioner had rendered his service sent the details of deduction and requested to the District Education Officer, Vaishali. But still the petitioner who is on death bed is waiting for the same.

8. That it is humbly mentioned that Headmaster of Sri Mulkjada Singh High School communicated to the Respondent no-3 through his letter no 75 dated 21.09.2007 about the deduction and requested for making payment to the petitioner

9. That it is brought into notice of the Hon'ble Court that Headmaster of Rajkiyakrit Gandhi Smarak High School, Mansoorchak, Vaishali through his letter no-31 dt.31.08.2010 sent the details of deduction of

4/6 GPF amount from salary of husband of the petitioner to the Respondent with request for further action thereon but no further action with regard to payment has still (been) taken by the authority.

10. That it is also mentioned here that husband of the petitioner was posted at Navrashtra Higher Secondary School, Patahi, Muzaffarpur from November 1995 to June 2003. The Headmaster of the said school through his letter no-41 dt.27.03.2015 also sent the details of deduction to the DEO, Muzaffarpur for sending the same to the Respondent no-3.

Today, the respondent no. 4 District Programme Officer (Establishment), Vaishali, Mr. Shobha Kant is present in the Court and according to him, he has sent the deductions

5/6 statement to the District Provident Officer, Vaishali on 12.5.2023. He has further assured that he will ensure that the petitioner gets her rightful dues immediately. However, for the inconvenience that the petitioner has been made to suffer at an advanced stage, she is entitled to a cost of Rs. 10,000/- to be paid by the office of the respondent no. 4 who shall take appropriate steps and fix the responsibility from whom he is free to realise the amount.

The respondent no. 4, the District Programme Officer (Establishment), Vaishali, has assured this Court that once the Bank account no. and PAN no. are made available to him, he will ensure that the payment is made within 72 hours. Learned counsel for the petitioner has given an undertaking that within an hour, he will be providing the details to the respondent no. 4.

If the respondent no. 4 fails to abide by the undertaking given before this Court, he shall be held liable for the contempt.

In view of the said fair assurance given by the respondent no. 4 as also with the consent of the parties, the writ petition stands disposed of.

The personal appearance of respondent no. 4, the

6/6 District Programme Officer (Establishment), Vaishali, stands dispensed with.

(Rajiv Roy, J) Ravi/kiranU