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1999 DIGILAW 1277 (PAT)

Mosamat Manorama Srivastava v. State Of Bihar

1999-12-03

M.L.VISA, SHASHANK KR.SINGH

body1999
Judgment 1. Heard learned counsel for the appellant and learned Government Pleader No.IX for the State. 2. The present appeal has been preferred against the order of the learned Writ Court dated 6.5.98 passed in CWJC No.10265 of 1997 by which the learned Writ Court in view of the fact that the GPF amount of the deceased Government employee was not being paid to the widow directed the same to be paid by a Bank Draft along with the statutory interest from May, 1996 to October, 1997 within the stipulated period. A further direction was given to the respondents to make a fresh calculation ano if an amount of Rs.2240/- had been left out the same should also be paid to the appellant. 3. However, the grievance of the appellant is that as the said GPF amount has been paid to her after a lapse of more than one year and seven months, in addition to statutory interest a further penalty interest of 18 per cent should have been paid. 4. A notice was issued to respondent no.4 the District Provident Fund Officer, Aurangabad. Subsequently he had filed his show cause. In his show cause it has been stated that Shri Jagadish Chaubey who is now posted as Assistant in the District Provident Fund Office, Dhanbad, was responsible for delay in payment of the aforesaid amount. 5. In the facts of the case, as the appellant has been made to suffer and to run from pillar to post for her legitimate demand and money had been earned by her late husband, as such to our mind for the ends of justice, let a cost of Rs.7,000/- (Seven thousand) be paid to the appellant within a period of four weeks from the date of receipt/production of a copy of this order. 6. As for the laches of individual the State exchequer should not be allowed to suffer, the District Provident Fund Officer, Aurangabad is directed to recover the aforesaid amount from the salary of the erring person who had also been heard by this Court i.e. Shri Jagadish Chaubey and if in instalments, it should not be more than seven instalments and deposit the same with the State Exchequer. 7. The appeal is disposed of with the modification as indicated above.