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Patna High Court · body

2007 DIGILAW 1626 (PAT)

Md. Murtuja Hussain v. State Of Bihar

2007-10-03

MIHIR KUMAR JHA

body2007
Judgment 1. In these batch cases, this Court by order dated 17.7.2007 had directed the District Superintendent of Education, Madhubani, to come out with a clear statement as with regard to the position of payment of G.P.F. of such teachers including the petitioners whose cumulative G.P.F. for the period prior to November, 1976 were not paid even after their retirement for a considerable length of time. The District Superintendent of Education, Madhubani, in compliance of the said order dated 17.7.2007 read with the subsequent order dated 5.9.2007 has today filed a comprehensive supplementary affidavit wherein it has been stated that such G.P.F. dues for the period prior to November, 1976 of the teachers of Madhubani district have been identified and a total number of 83 of them, who have filed their writ applications, have already been either paid the amount or are in the process of being paid. In the same counter affidavit it has been stated that as a matter of fact there are 1362 identified cases of such teachers who have to be paid their G.P.F. amount from their contribution made prior to November, 1976. In this connection, reference has also been made to the letter dated 27.9.2007 written by the District Superintendent of Education, Madhubani, to the Director Primary Education requesting that the amount to the tune of Rs. 3.08 crores should be released for making payment of the G.P.F. dues of such teachers of Madhubani district. 2. Learned State Counsel submits that State Govt. has received the letter of the District Superintendent of Education, Madhubani dated 27.9.2007 just a week back, therefore, it will take some time for the State Govt. to furnish the requisite amount for making payment of the amount of G.P.F. for the period prior to November, 1976. 3. In that view of the matter, the Secretary, Human Resource Department and Director, Primary Education are hereby directed to ensure that the required fund as solicited by the District Superintendent of Education, Madhubani, vide his letter dated 27.9.2007, after due verification by them must be made available to the District Superintendent of Education, Madhubani, within a period of three months from the date of receipt of a copy of this order. Once such fund is made available to the District Superintendent of Education, Madhubani, he will issue public notices in the newspaper and will ensure that the amount so received is paid to each and every teacher, who is entitled for such arrears of G.P.F. for the period prior to November, 1976 in Madhubani district latest by 31.3.2008. 4. Mr. Amarnath Dev, learned Standing Counsel No. 10, appearing for the District Superintendent of Education, has however lodged his caveat that earlier newspaper notices had been issued and on the basis of the response made thereto, cases of 1362 teachers had been identified who are required to be paid their G.P.F. dues for the period prior to November, 1976. It is made clear that the other claimants have not come with their claims in response to the newspaper notices, and thus for the time being the cases of 1362 teachers of Madhubani district would be taken up for their payment of arrears of G.P.F. The State Government must ensure that the required fund for payment of arrears of G.P.F. of those 1362 teachers is made available and paid through the District Superintendent of Education, Madhubani, within the aforementioned time schedule. 5. It is made clear that in the case there is any such contingency in which the aforementioned time schedule cannot be strictly adhered to by the official respondents, an application for modification of time schedule may be made well in advance and in any event before the expiry of the original time schedule. 6. Mr. Vishwanath Ram, learned counsel for the petitioners, at this stage says that there are some other cases including that of the petitioner in this batch case where the required amount of G.P.F. even after the period of November, 1976 has not been fully paid. 7. In view of the fact that these batch cases are confined to specific grievances as with regard to payment of the amount of G.P.F. for the period prior to November, 1976 this Court would only observe that if there is any such claim for the period after November, 1976 on the head of G.P.F. it will be open for the concerned persons including the writ petitioners to file their claim before the District Superintendent of Education, Madhubani and District Provident Fund Officer, Madhubani. If such claims are made, the same will be independently dealt with and disposed of within the aforementioned time schedule. In case any other amount is found to be paid by the authorities even in respect of the dues of G.P.F. amount for the period after November, 1976, the same must be paid with statutory interest alongwith a calculation-sheet showing principal amount and the amount of interest. 8. It is also submitted by the learned counsel for the petitioners that there are arrears payable to the petitioners under the suspense account. Without going into this aspect it is observed that if there are dues under the suspense account, and is payable to the petitioners, the same should be paid to them expeditiously. 9. The personal appearance of District Superintendent of Education, Madhubani, is hereby exempted.