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Patna High Court · body

2008 DIGILAW 1276 (PAT)

Hira Devi v. State Of Bihar

2008-08-29

J.N.SINGH

body2008
Judgment 1. Heard learned counsel for the petitioners and learned counsel for the respondents of the respective cases. 2. These cases have been taken up in a batch, as, in response to a notice by the Court, respective learned counsel for the petitioners have filed slips claiming that in their respective writ applications petitioners are raising grievance only in respect of non-payment or only part payment of G.P.F. amount to them or to the deceased Government servant whose beneficiaries they claim themselves to be. In some cases they also claim that statutory interest payable on the amount of G.P.F. paid has not been correctly calculated at the rate prescribed and/or for the entire period admissible. However, except for the claim in respect of G.P.F. as indicated above, no other grievance in respect of calculation and payment of retiral dues under any head and/or revision thereof and payment of arrears have been raised by the petitioners in any of the writ applications being taken up in this batch and it is admitted by the respective learned counsel for the respective petitioners that the petitioners are satisfied with the settlement of the claims of retiral dues by the respondents under all other heads of entitlement. 3. So far as G.P.F. is concerned, it is an admitted position that, after setting up of a separate Directorate under the Department of Finance of the State Govt., the function of maintaining the Fund and authorization of the amount becoming due lies on the officers of the Directorate. At the district level, the responsibility in law in this regard lies on the District Provident Fund Officer. Therefore in each writ application the respective District Provident Fund Officer has been made party respondent, besides the Director, Provident Fund, as the grievances of the petitioners directly relatable to the inaction or wrong action on the part of the respective District Provident Fund Officer. 4. It is not the case of respondents in respect of any of the writ application that the G.P.F. amount or up to date statutory interest thereon is not payable to the petitioners. In cases in which counter affidavits have been filed by the respondents, their defence is that the due amount of G.P.F. has been paid with correctly calculated statutory interest payable on that, which assertion of fact has been vehemently denied by the petitioners. In cases in which counter affidavits have been filed by the respondents, their defence is that the due amount of G.P.F. has been paid with correctly calculated statutory interest payable on that, which assertion of fact has been vehemently denied by the petitioners. In some cases respondents have claimed that payment under this head has not been released in favour of the respective Government employee or his beneficiary for want of certain information from the petitioners. 5. In the circumstances, these writ applications are hereby disposed of with following directions: (1) The District Provident Fund Officers are directed to calculate the amount of G.P.F. payable in case of the respective Government servant or his/her beneficiary with reference to the records maintained in this respect. Thereafter they shall calculate up-to-date interest payable in law on the amount as per the rate applicable from time to time. After deducting any amount paid to concerned employee or drawn by him, he shall come to the final figure of remaining amount due in respect of the concerned Government employee which shall include the amount of interest also so calculated. (2) After ascertaining the final amount due in respect of the concerned Government servant, and before issue of advice for its release in favour of the concerned Government employee or his beneficiary, if any information is required by the concerned District Provident Fund Officer, he shall obtain the same from the concerned Government employee or his beneficiary or from the concerned Head of the Department/office or the concerned controlling officer or drawing and disbursing officer. But this exercise must be completed by the concerned District Provident Fund Officer positively within six weeks from the date of passing of this order. (3) The entire exercise for release of the due amount shall be completed within four months of passing of this order and the respective District Provident Fund Officer shall ensure that authority slip for payment of the due amount finally calculated by him is issued to the concerned treasury officer or head of department/office with copy to treasury officer and the Government employee/his beneficiary, as the case may be, and is received by them within the said period positively. (4) The concerned District Provident Fund Officer shall simultaneously send the details of the entire calculation with a copy of his authority slip to the concerned Government employee or his beneficiary by registered post if it is not possible to handover the same directly to him. (5) Upon receipt of the authority slip, the concerned treasury officer shall immediately cause the amount credited in the account of the concerned Government servant or his beneficiary as named in the authority slip. 6. In case of default in compliance of the directions as made above, the concerned District Provident Fund Officer shall be liable to pay an interest at the rate of 18% compoundable quarterly from his own salary over the calculated amount or part of the amount remaining due to the Government employee or his beneficiary on and from the next day of expiry of the time limit fixed hereinabove, which shall be paid alongwith the principal amount, as and when the same is paid. 7. In case of excess or over-payment, due to wrong calculation or otherwise, the concerned District Provident Fund Officer shall be liable to refund the excess amount so paid from his own salary with interest at the rate of 18% quarterly compoundable till the same is realized after its final determination by any competent authority or by a court of law. This will be without prejudice to the right of the respondents to recover excess amount paid to the concerned Government employee or his beneficiary in accordance with law, and if the said amount is recovered finally, the same may be returned to the concerned District Provident Fund Officer towards principal amount realized from his salary. 8. Let a copy of this order be handed over to learned A.A.G.-3, learned S.C.-21 and learned G.P.-18 for distribution of its copies to other concerned learned counsel for the respondents and communication to all the authorities concerned. In addition, they shall immediately make a copy of this order available to the Director, Provident Fund, Government of Bihar, who shall immediately inform all the District Provident Fund Officers of all the districts regarding directions of this Court and shall ensure that the same is complied with by them within the time limit fixed hereinabove. 9. With the above observations and directions case of this batch are disposed of. 10. 9. With the above observations and directions case of this batch are disposed of. 10. However, the cases shall be listed on 12.01.2009 under the heading To Be Mentioned on which day the concerned learned counsel for respondents shall inform this court about compliance, or otherwise, of the above directions of this Court by filing two page affidavit sworn by the respective District Provident Fund Officers.