Vibha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.847 of 2023 ====================================================== Vibha wife of Ram Pravesh Pandit resident of Village Jalpura, P.O. Haspura, P.S. Haspura, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary, Department of Education, Government of Bihar, New Secretariate, Patna. 2.

The District Magistrate, Aurangabad.

3.

The Education Officer, Aurangabad.

4.

The District Project Officer (Estt.), Aurangabad. 5.

The District Provident Fund Officer, Aurangabad. 6.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Umesh Pathak, Advocate For the AG :

Mr.Prabhat Ranjan, Advocate Mr.Chanan Kumar, Advocate For the State :

Mr.Sanjay Kumar, AC to GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-06-2023 Learned counsel appearing on behalf of the State seeks to file Counter Affidavit on behalf of respondent nos.3 and 4 in course of the day in the Court itself. The same is accepted and directed to be kept on record.

2. Heard Mr. Umesh Pathak, learned counsel appearing on behalf of the petitioner; Mr. Prabhat Ranjan, learned counsel for the Accountant General (Bihar) and Mr. Sanjay Kumar, learned AC to GP 23 for the State.

3. The present writ application has been filed by the petitioner for directing the respondents to pay the amount of

Patna High Court CWJC No.847 of 2023(3) dt.20-06-2023 2/3 General Provident Fund (GPF), leave encashment and group insurance.

4. The petitioner was initially appointed for the post of Assistant Teacher and she joined on 10.05.1988 at Government Primary School, Rasalpur under Haspura Block of Aurangabad district. The petitioner superannuated from service on 31.01.2022 as Headmaster from Upgraded Government Middle School, Mehadipur under Haspura Block of Aurangabad district.

5. Mr. Sanjay Kumar, learned counsel appearing on behalf of the State informs this Court that the petitioner has been paid all the retiral dues amount and the same has been credited in his Bank Account on 29.05.2023 bearing A/C No.11436616092. The petitioner has received the General Provident Fund (GPF) amount of Rs.24,18,598/-, Leave Encashment amount of Rs.9,44,510/- and Group Insurance amount of Rs.1,85,586/- through payable statement of bill dated 29.05.2023.

6. Considering the fact that all the retiral dues have already been paid to the petitioner during the pendency of the present writ petition, however, if the petitioner is so advised, she may file a detailed representation before the District Programme

Patna High Court CWJC No.847 of 2023(3) dt.20-06-2023 3/3 Officer (Establishment), who must ensure to verify the same from the records as to whether any dues still remain to be paid.

7. It is made clear that on account of delayed payment, the petitioner is liable for payment of statutory interest at the rate of 12.5 %.

8. The representation of the petitioner must be disposed of in accordance with law within a period of three weeks.

9. With the above observation/direction, the present writ petition is disposed of.

(Purnendu Singh, J) chn/- U