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2002 DIGILAW 1348 (PAT)

Baba Devi v. State Of Bihar

2002-12-02

RADHA MOHAN PRASAD

body2002
Judgment 1. In this writ petition, the petitioner, who is the widow of Late Ram Narayan Bhandari who died in harness on 19th March, 2000 while posted as Block Extension Educator, Primary Health Centre, Ghoghardiha in the district of Madhubani, is aggrieved on account of non-payment of death-cum-retiral dues such as, group insurance, leave encashment of 240 days, G.RF. amount, salary from September, 1999 to 19th March, 2000 and also for the month of February, 1999 and the differential amount of salary with effect from 1.4.1997 till the death of the Government servant on revision of pay. When the said dues were not paid for about two and a half years, the petitioner was compelled to file the present writ petition after serving notice upon the learned Advocate General appearing for the State officials on 6.9.2002. 2. This matter was taken up on 28.11.2002 when the Incharge Medical Officer, Primary Health Centre, Ghoghardiha, Madhubani (respondent no. 4) had personally appeared before this Court and had undertaken that the entire admitted dues of the petitioner shall be paid to her and affidavit shall be filed on Monday next i.e. today. Accordingly, the matter was adjourned for listing today. 3. A counter affidavit has been filed on behalf of the Incharge Medical Officer (respondent no. 4), who has stated that on 29.11.2002 total sanction for salary for the period September, 1999 to 19.3.2002, unutilised leave salary for 240 days & amount of payment against the life insurance and group insurance scheme amounting to Rs. 2,30,144/- in total has already been submitted vide Bill Nos. 70/2002-03, 71/2002-03 and 72/2002-03 to the Sub- Treasury Officer, Jhanjharpur. It is further stated that on 30th November, 2002, the Sub-Treasury Officer, Jhanjharpur was requested to make payment to the petitioner forthwith. Photo copies of the Bill Messengar Book and the receipt have been brought on record as Annexures A and A/1. He has, thus, stated that the admitted dues of the petitioner payable by him has already been sanctioned and payment order of the same has been sent to the Sub-Treasury Officer, Jhanjharpur and to his knowledge nothing further remains to be paid. 4. However, learned Additional Advocate General no. He has, thus, stated that the admitted dues of the petitioner payable by him has already been sanctioned and payment order of the same has been sent to the Sub-Treasury Officer, Jhanjharpur and to his knowledge nothing further remains to be paid. 4. However, learned Additional Advocate General no. II appearing for the respondents has submitted that the claim of the petitioner for payment of salary of the deceased for the month of February, 1999 and the differential amount of salary with effect from 1.4.1997 on account of revision will take two weeks further time. As regards the G.P.F, he submitted that despite his best efforts, there has been no response from the District Provident Fund Officer, Madhubani. 5. As such, this Court is left with no option but to dispose of the writ petition with a direction to the Incharge Medical Officer (respondent no. 4) to pay the remaining amount of salary for the month of February, 1999 and differential amount of salary with effect from 1.4.1997 within two weeks and the District Provident Fund Officer, Madhubani (respondent no. 3) is directed to calculate the amount of G.P.F. with up-to-date statutory interest and pay the same to the petitioner within two weeks. He is directed to furnish to the petitioner the details of the calculation also. If the petitioner feels aggrieved by any of the calculations, he will be at liberty to approach the authority concerned by filing a representation, which, if filed within two weeks of the receipt of the calculation, shall be disposed of by a reasoned order within four weeks. 6. In the facts and circumstances aforementioned, this Court finds it to be a fit case for awarding a cost of Rs. 1000/- (one thousand) to be paid by the Incharge Medical Officer (respondent no. 4) from his pocket for non-compliance of the order and further Rs. 1,000/- (one thousand) to be paid by the District Provident Fund Officer (respondent no. 3) from his pocket to the petitioner for no response and making no payment of the dues even till date. 7. In case of non-compliance of any part of the order, the petitioner will be at liberty to file two pages affidavit for revival of this matter and taking appropriate action. 8. As prayed by the learned Additional Advocate General no. II, let a copy of this order be supplied to him for strict compliance.