Research › Browse › Judgment

Patna High Court · body

1992 DIGILAW 86 (PAT)

Shiv Devi v. State of Bihar

1992-03-11

B.C.BASAK, N.ROY

body1992
Order Pursuant to our direction the Superintendent of Police, Jamshedpur, is present in Court. 2. This is one of the worst examples, as to how the State Government treats its employee. In this case a person who was a Police Constable and who died 21 years back, his widow, the petitioner herein, has been crying hoarse for the last 21 years for payment of dues. She has been running from pillar to pillar without any result. Even after filing this petition, because of laches and negligence on the part of the respondents dues are still not paid. 3. This application was filed in July, 1991. The authority concerned, that is, the Superintendent of Police, Jamshedpur (Respondent no. 3) had chosen to send some sanction order only on 21st February, 1992. Even that letter shows that the same does not deal with the provident fund because according to the respondents the records cannot be traced. This is the way in which the office of the Superintendent of Police at Jamshedpur functions. We are not going to allow this kind of state of affairs to continue any further. We are quite sure that if the petitioner had been the widow of a senior officer, she would not have been treated in such a fashion. 4. Accordingly, we direct the Accountant General's office at Patna, to issue pay slip in respect of sanction order dated 21.2.91 within 31st March, 1992. We further direct that so far as the provident fund amount is concerned, this must be paid on the basis of the total years of service of the petitioner's late husband until his death and the last pay drawn. The Superintendent of Police, Jamshedpur (Respondent no. 3) shall personally look into the matter and make such calculation and send it to the Accountant General's office by 31st March, 1992 in respect of a definite amount on such basis. Along with the same he shall also furnish a statement to the petitioner through his advocate giving details of such amount as allowed by the sanction letter dated 21st February, 1992 and regarding the provident fund. He shall submit a report to the Registrar, High Court, at Patna by 2nd April, 1992 and the matter is to be placed before a Bench presided over by the Chief Justice on 3rd April. 1992. He shall submit a report to the Registrar, High Court, at Patna by 2nd April, 1992 and the matter is to be placed before a Bench presided over by the Chief Justice on 3rd April. 1992. After receiving such statement, if the petitioner so wants she can make a representation within a fortnight regarding the correctness of the amount al1owed. If such representation is made then that will be disposed of by respondent no. 3 within a period of three weeks from the date of receipt of such representation and issue fresh sanction order accordingly. For this purpose this matter is not being finally disposed of but it is adjourned till 3rd April, 1992, at Patna. 5. The Superintendent of Police, Jamshedpur shall personally comply with the order as directed. If it is complied with then he need not be present in person at first but if it is not complied with, he shall appear in person to explain why show cause notice of suo motu contempt shall not be initiated against him. 6. We also award interest at the rate of 20% per annum. We also award assessed cost at Rs. 1500/-. In our opinion, that is the only way to compensate the petitioner who has not been paid for years. The 20% interest shall be calculated from the date of death till the date of respective payments. The interest and cost is to be paid by 30th April, 1992. 7. Let copies of this order be given to the learned advocates for the parties. 8. Let a copy of the order be sent to the Chief Secretary, Govt. of Bihar.