Anjana Kumari Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4538 of 2018 ====================================================== Anjana Kumari Sinha, Wife of Late Surendra Prasad Sinha, Resident of Village- Khandpur, P.O.- Kawadpur, P.S.- Suryagarha, District- Munger. ... ... Petitioner/s

Versus

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

2. The District Programme Officer, Munger.

3. The District Provident Fund Officer, Munger.

4. The Accountant General, Bihar at Patna.

5. The Branch Manager, Punjab National Bank, Munger Branch at P.O. and District- Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Respondent/s :

Mr. S.C.Mishra -Sc16 For the PNB : Mr. Kumar Priya Ranjan (SC) Mr. Niraj Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State, learned counsel appearing on behalf of the Accountant General Bihar, Patna and learned counsel for the Respondent No. 5, the Branch Manager, Punjab National Bank, Munger is also present. The petitioner claims for payment of remaining amount of General Provident Fund with interest of her husband, who died on 23.03.1986 while he was posted as Assistant Teacher in Primary School, Kharui, Khadagpur, Munger.

The writ application was earlier filed by the

Patna High Court CWJC No.4538 of 2018(3) dt.18-12-2018 2/3 petitioner claiming for retiral dues of her husband vide CWJC No. 13521 of 2015 and by order dated 22.05.2017, this Court found that the grievances of the petitioner stood redressed and for remaining dues, the petitioner is at liberty to move the appropriate authority. A supplementary affidavit has been filed in which the petitioner has annexed the copy of the representation dated 17.08.2017 and another representation dated 10.11.2017 as contained in Annexure-5, claiming GPF payment with interest on delayed payment.

In pursuance to the said representation, the District Programme Officer (Estt.), Munger vide Annexure-3 has informed the petitioner that the District Provident Fund Officer, Munger is the competent authority for such claim. The District Provident Fund Officer, Munger vide letter dated 17.11.2017, as contained in Annexure-4 has informed the respondent No. 2, the District Programme Officer (Estt), Munger that the said claim has to be processed at the end of the District Programme Officer (Est), Munger. Learned counsel for the petitioner submits that the District Programme Officer (Estt.), Munger, respondent No. 2 and the District Provident Fund Officer, Munger (Respondent No. 3) are shifting their burden on each other without taking any decision.

Patna High Court CWJC No.4538 of 2018(3) dt.18-12-2018 3/3 Considering the prayer made by the writ petitioner, this writ application is disposed of with liberty to the petitioner to file a fresh representation before the District Provident Fund Officer respondent No. 3, which would be considered by the respondent No. 3 within a period two months from the date of filing of such representation. If some dues as shown by the petitioner, is not admissible, the same would be communicated to the petitioner by a speaking order through registered post. (Nilu Agrawal, J) sudha/- U