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2000 DIGILAW 619 (PAT)

Maya Devi v. State Of Bihar

2000-04-21

R.M.PRASAD

body2000
Judgment 1. The petitioner is the widow of Dr. Dina Nath Prasad, who died in harness on 7.5.1996 while posted as Medical Officer, Primary Health Centre, Bhagwanpur in the district of Begusarai under the State Government. As the petitioner was kept deprived of the death-cum-retirement benefits such as family pension, gratuity, leave encashment, G.P.F., arrear of salary etc., she filed the present writ petition seeking appropriate direction to the concerned authorities for payment of the same. The petitioner claims to have filed a representation on 13.6.1996 (Annexure - 2) i.e., soon after the death of her husband, but no step was taken, which compelled her to file the present writ petition on 17.8.1999. 2. Despite service of notice of the writ petition long back on 13th August, 1999, no counter affidavit was filed on behalf of the respondent State and its officials except on behalf of the Director, Provident Fund, District Provident Fund Officer and the Accountant General (respondents no. 8, 9 and 10 respectively). 3. Today, a counter affidavit has been filed on behalf of respondent no. 1, along with which sanction orders for payment of family pension, gratuity, leave encashment, provident fund and arrears of salary issued only in March and April, 2000, vide Annexures A to D respectively have been filed. The sanction orders with respect to family pension, gratuity and unutilised leave have been sent to the Accountant General, vide Annexures A and B, whereas sanction order with respect to provident fund has been sent to the District Provident Fund Officer and arrears of salary to the Civil Surgeon-cum-Chief Medical Officer, Begusarai, vide Annexures C and D. 4. The District Provident Fund Officer has, however, personally produced authorisation for Rs. 1,82,481/- with respect to provident fund amount with interest up to October, 1996 and the deduction statement which were available with him. He assures that with respect to remaining provident fund as per the sanction order, contained in Annexure C, necessary authority slip shall be issued within a week. 5. Accordingly, the District Provident Fund Officer, Begusarai is directed to issue necessary authority slip with respect to the remaining provident fund amount with up-to-date statutory interest thereon by 28th April, 2000, failing which he shall not draw his salary and other allowance till the order is complied. 6. The Incharge Medical Officer, Primary Health Centre, Bhagwanpur, Begusarai (respondent no. 5. Accordingly, the District Provident Fund Officer, Begusarai is directed to issue necessary authority slip with respect to the remaining provident fund amount with up-to-date statutory interest thereon by 28th April, 2000, failing which he shall not draw his salary and other allowance till the order is complied. 6. The Incharge Medical Officer, Primary Health Centre, Bhagwanpur, Begusarai (respondent no. 7) is directed to make the payment of the provident fund amount forthwith on receipt of the necessary authorisation failing which he shall not draw his salary and other allowances till this order is complied. 7. The Accountant General, Bihar, Patna (respondent no. 10), who is represented by Mr. Sanjay Singh, is directed to issue authority slip with respect to family pension, gratuity and unutilised leave pursuant to the sanction orders, contained in Annexures A and B, within a week, failing which he is directed not to draw his salary and other allowances till the order is complied. 8. The Civil Surgeon-cum-Chief Medical Officer, Begusarai (respondent no. 6) is directed to pay the arrear of salary pursuant to the sanction order, contained in Annexure D, within a week of the receipt/production of a copy of this order, failing which he shall also not draw his salary and other allowances till the order is fully complied. 9. Having regard to the fact that the widow petitioner has been kept deprived of the aforementioned entire admitted dues now for almost four years without any plausible explanation, this Court directs that she will be entitled for interest at the rate of 10% per annum on the said amount from due date till the payment is made except on G.P.F. 10. Learned counsel appearing for the respondents-State and its officials has submitted that the statutory interest on G.P.F. has been paid till October, 1996 as no application was filed by the petitioner for release of the provident fund amount within the stipulated time. 11. This Court fails to appreciate the said submission of the learned counsel for the State. According to the condition mentioned for release of provident fund amount in the case of widow, it is the responsibility of the sanctioning authority to get necessary form filled up and complete the other formalities promptly. In this regard the relevant clause of Form No. 73 is quoted hereunder: (Local Language) 12. According to the condition mentioned for release of provident fund amount in the case of widow, it is the responsibility of the sanctioning authority to get necessary form filled up and complete the other formalities promptly. In this regard the relevant clause of Form No. 73 is quoted hereunder: (Local Language) 12. It is not the case of the respondents that they ever made any endeavour to get the necessary formalities completed. 13. Under such circumstances, this Court directs that the petitioner shall be paid statutory interest till up-to-date of payment of the principal amount and the remaining amount of interest may be recovered from the concerned official. 14. In the facts and circumstances aforementioned, this Court finds it to be a fit case for awarding cost of Rs. 2,000 (two thousand), which shall also be paid to the petitioner within one week of the receipt/production of a copy of this order. 15. The writ application is, accordingly, disposed of.