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2003 DIGILAW 445 (PAT)

Sumitra Devi @ Minu Devi v. State Of Bihar

2003-04-17

S.K.KATRIAR

body2003
Judgment 1. Heard Mr. Amitabh Kumar for the petitioner, Mr. S.J. Rahman, learned Government Pleader No. VII for respondent nos. 1, and 3 to 6, and Mr. Chakradhari Singh for the Accountant General, Bihar. Learned counsel for the petitioner is permitted to implead the District Provident Fund Officer, Bettiah, as respondent no. 7 to this writ petition who is represented by learned Government Pleader No. VII. 2. According to the writ petition, the petitioners late husband (Ram Narayan Mahto) had joined the services of the Bihar Government on 25.7.1979, as a Constable. He, however, died in harness on 11.6.1984. He thus served the State Government for a little less than five years. The petitioner complains before this Court that the proceeds of the Group Insurance consequent upon the demise of her husband has been paid to her on 14.2.1985, and the remaining post-retirement benefits remain unpaid. 3. Learned Government Pleader No. VII has placed his counter affidavit and submits that the petitioner is entitled to family pension papers of which have been cleared and the Pension Payment Order remained with respondent no. 5 (Treasury Officer, Bettiah). It is further stated in the counter affidavit that the petitioner did not report to respondent no. 5, as a result of which the necessary formalities could not be completed and the matter remained pending. It has, however, been revived recently on the application of the petitioner and she was called upon to submit her affidavit establishing her identity as to the widow of the late employee. In so far as the proceeds of provident fund is concerned, learned Government Pleader No. VII submits that respondent no. 7 shall make payment of the same forthwith. The learned Government counsel lastly submits that no other post-retirement benefit is admissible to the petitioner in view of the period of service rendered by her late husband. 4. On a perusal of the pleadings on record and on consideration of the submissions of learned counsel for the parties, I hereby direct the petitioner to appear before respondent no. 5 (Treasury Officer, Bettiah), who shall ensure release of the Pension Payment Order to the petitioner without any delay. Respondent no. 4. On a perusal of the pleadings on record and on consideration of the submissions of learned counsel for the parties, I hereby direct the petitioner to appear before respondent no. 5 (Treasury Officer, Bettiah), who shall ensure release of the Pension Payment Order to the petitioner without any delay. Respondent no. 7 (The District Provident Fund Officer, Bettiah) is hereby directed to ensure payment of the proceeds of the general provident fund along with interest at the statutory rate till the date of payment to the petitioner within a period of two months from the date of submission of the representation along with a copy of this order. 5. The writ petition is accordingly disposed of.