Patna High Court
Nasra Parween vs The State Of Bihar on 1 May, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5349 of 2021
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Nasra Parween, Wife of Late Syed Hassan @ Md. Syed Hassan, resident of
Mohalla- Bait-ul-Faizan, Kaghaiya Tola, Post-Jhauganj, Kanungo, P.S.-Patna
City, District and Town-Patna.
... ... Petitioner
Versus
1. The State of Bihar.
2. The Principal Secretary, Department of Human Resources Development,
Government of Bihar, New Secretariat, Bihar, Patna.
3. The Director (Secondary Education), Department of Human Resources
Development (Education Department), Government of Bihar, New
Secretariat, Bihar, Patna.
4. The Regional Deputy Director of Education, Patna Division, Patna.
5. The District Education Officer, Patna, District-Patna.
6. The District Education Officer, Jehanabad, District-Jehanabad.
7. The District Programme Officer (Estt.), Patna, District-Patna.
8. The District Programme Officer (Estt.), Jehanabad,, District-Jehanabad.
9. The Head Master, High School, Tehta, District-Jehanabad.
10. The Head Master, Syed Nehal Ahsan Urdu Middle School, Barh, District-
Patna.
11. The Treasury Officer, Patna, District-Patna.
12. The Treasury Officer, Jehanabad, District-Jehanabad.
13. The Director Provident Fund, Provident Fund Directorate, Pant Bhawan,
Bailey Road, Patna.
14. The District General Provident Fund Officer, Patna, District-Patna.
15. The District General Provident Fund Officer, Jehanabad, District-Jehanabad.
16. The Accountant General (A and E), Bihar, Patna.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Nityanand Mishra, Advocate
Mr. Alok Abhinav, Advocate
For the State : Mr. Madhukar Mishra, AC to SC-16
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CORAM: HONOURABLE MR. JUSTICE NANI TAGIA
ORAL JUDGMENT
Date : 01-05-2024
This writ petition has been filed by the petitioner
seeking a direction to the respondents to make payment of full and
Patna High Court CWJC No.5349 of 2021 dt.01-05-2024
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final G.P.F. amount for the period 17.12.1976 to 07.08.1986 of her
late husband Syed Hassan @ Md. Syed Hassan, who had retired
from service on 31.10.2007 while working as Assistant Teacher
from High School, Tehta, District Jehanabad and subsequently
died on 29.04.2010.
2. The petitioner in support of her case has pleaded in
paragraph Nos.9, 10 and 11 of the writ petition as follows, which
are extracted hereinbelow :
"9. That thereafter, upon the representation filed by
the husband of the petitioner as contained in
Annexure-3 to this writ application, the respondent
concerned had taken no action, then the petitioner
filed an application on 20.11.2019 through Speed-
Post before the Director (Secondary Education),
Education Department, Patna (respondent no.3)
and copies sent to the District Education Officer,
Patna, District - Patna (respondent no.5) and the
Accountant General (A&E), Bihar, Patna
(respondent no.16) for making payment of G.P.F.
amount as well as pension and retirement benefits
of the period from 17.12.1976 to 07.08.1986 (for
service period of the husband of the petitioner as
he was posted as Assistant Teacher in Urdu Middle
School, Barh, District - Patna), but nothing has
been paid to the petitioner in this regard.
10. That thereafter the District Programme Officer
(Estt.), Patna (respondent no.7) sent a letter vide
Patna High Court CWJC No.5349 of 2021 dt.01-05-2024
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Memo No.154 dated 7.1.2020 to the District
Education Officer, Jehanabad (respondent no.6) for
making payment of G.P.F. amount of the period
from 17.12.1976 to 07.08.1986 (for service period
of the husband of the petitioner as he was posted as
Assistant Teacher in Urdu Middle School, Barh,
District - Patna).
11. That it is painful to submit here that after
issuance of the letter vide Memo No.154 dated
7.1.2020
as contained in Annexure-5 to this writ
application, the respondents concerned have not
paying their heed towards the payment of the
G.P.F. amount as well as pension and retirement
benefits of the period from 17.12.1976 to
07.08.1986 (for service period of the husband of
the petitioner as he was posted as Assistant Teacher
in Urdu Middle School, Barh, District-Patna) and
as a result the said dues amounts have not been
paid to the petitioner till date."
3. Counter affidavits by the Respondent No.7,
Respondent Nos.6 & 8 and Respondent Nos.13, 14 and 15 have
been filed. Though counter affidavits by the several respondents
have been filed, the authorities competent to answer and pay the
G.P.F. amount to the petitioner are the Respondent Nos.13, 14 and
15.
Patna High Court CWJC No.5349 of 2021 dt.01-05-2024
4. In paragraph Nos.7, 8, 9, 10, 11, 12, 13 and 14 of the
counter affidavit filed by the Respondent Nos.13, 14 and 15, it has
been stated as under :
"7. That the brief fact of the case is that the
decesed husband of the petitioner was initially
appointed as Assistant Teacher on 17.12.1976 in
Syed Nehal Alum Urdu Middle School, Barh,
Patna and retired from service on 31.10.2007.
8. That at the outset it is very humbly submitted
that soon after receipt of the Final Withdrawal
Application Form (BTC Form- 56) of the deceased
husband of the petitioner vide letter no. 2365 dated
05.11.2007 the District Provident Fund Officer,
Jehanabad made calculation of the GPF amount of
the deceased husband of the petitioner and
authorised the same vide authority letter bearing
no. 246 dated 19.12.2017 amounting to
Rs.3,08,958/- (Rupees Three Lac Eight Thousand
Nine Hundred Fifty Eighty Only) without taking
into account the amount of Balance Transfer (B.T.)
alongwith prescribed interest thereon and the same
has already been dispatched to the concerned
authority for making payment of the authorised
amount.
9. That considering the grievance of the petitioner
the District Provident Fund Officer, Jehanabad
vide letter no. 200 dated 03.04.2023 and a
reminder thereof vide letter no. 256 dated
20.04.2023 made request to the District
Patna High Court CWJC No.5349 of 2021 dt.01-05-2024
Programme Officer, Establishment, Patna and the
District Programme Officer, Establishment,
Jehanabad to make available the Balance Transfer
(B.T.) up to financial year 1985-86 of the GPF
account of the petitioner.
10. That in response to the aforesaid letter, the
District Programme Officer, Establishment, Patna,
vide letter no. 4116 dated 21.04.2023 informed the
present respondent that the register of the said
period was sent to the District Programme Officer,
Establishment, Jehanabad.
11. That pursuant to the aforesaid letter the District
Provident Fund Officer, Jehanabad vide letter no.
263 dated 28.04.2023 made request to the District
Programme Officer, Establishment, Jehanabad to
make available the Balance Transfer (B.T.) of the
GPF account of the petitioner so that further
process may be initiated.
12. That after repeated reminder made by the
present respondent for making available the
Balance Transfer (B.T.) of the GPF account of the
petitioner, the District Programme Officer,
Establishment, Patna vide hitter no. (t327 dated
15.07.2023 provided the Balance Transfer (B.T.)
for Rs.9,658/- pertaining to the period till financial
year 1905-06 and made request to make payment
of the amount of Balance Transfer (B.T.) to the
petitioner.
13. That on the basis of the aforesaid Balance
Transfer (B.T.), the District Provident Fund
Patna High Court CWJC No.5349 of 2021 dt.01-05-2024
Officer, Jehanabad made re-calculation of the GPF
amount of the deceased husband of the petitioner
and authorized the same aide authority letter
bearing no.200/FP/200 dated 28.07.2023
amounting to Rs.80,680/- (Rupees Eighty
Thousand Six Hundred Eighty Only) with upto
date interest thereon and the same has already
been dispatched to the concerned authority for
making payment of the authorized amount.
14. That in the fact and circumstances stated
hereinabove, it is very humbly submitted that the
petitioner has already been authorized his full and
final GPF amount on the basis of the available
deduction statement."
5. From the pleadings made in the writ petition, it
appears that the petitioner is praying for payment of G.P.F. amount
of her late husband for the period 17.12.1976 to 07.08.1986,
during which period the petitioner's late husband was posted as
Assistant Teacher in Urdu Middle School, Barh, District Patna.
Though the Respondent Nos.13, 14 and 15 in the counter affidavit
filed, as extracted hereinabove, appears to be stating that
Rs.3,08,958/- was initially paid to the petitioner being the G.P.F.
amount of her late husband on 19.12.2017 excluding the amount of
balance transfer and thereafter on 15.07.2023, balance transfer for
Rs.9,658/- and on 28.07.2023 Rs.80,680/- was paid to the
Patna High Court CWJC No.5349 of 2021 dt.01-05-2024
petitioner being the balance transfer of G.P.F. amount of her late
husband, but it does not indicate that the G.P.F. amount of the
petitioner's late husband for the period 17.12.1976 to 07.08.1986
has been paid.
6. On a pointed query made to the learned counsel Mr.
Madhukar Mishra, AC to SC-16, representing the Respondent
Nos.13, 14 and 15 whether the latter amount of Rs.9,658/- and
Rs.80,680/- respectively paid to the petitioner includes the G.P.F.
amount of petitioner's late husband for the period 17.12.1976 to
07.08.1986, the learned counsel representing the Respondent
Nos.13, 14 and 15 is unable to answer the same from the affidavits
filed on record.
7. Since the counter affidavit filed by the Respondent
Nos.13, 14 and 15 does not answer the specific contention raised
by the petitioner in paragraph Nos.9, 10 and 11 of the writ petition
to the effect that the G.P.F. amount of her late husband for the
period 17.12.1976 to 07.08.1986 has not been paid, it may be
assumed that the respondents have not paid the petitioner the
G.P.F. amount of her late husband for the period 17.12.1976 to
07.08.1986 during which period the petitioner's late husband was
serving as Assistant Teacher in Urdu Middle School, Barh, District
Patna.
Patna High Court CWJC No.5349 of 2021 dt.01-05-2024
8. Under the circumstances, this writ petition stands
disposed of with a direction to the respondents, more particularly
the Respondent Nos.13, 14 and 15, to pay to the petitioner the
G.P.F. amount of her late husband for the period 17.12.1976 to
07.08.1986 along with the statutory interest on the amount till the
actual payment is made, within four weeks from today.
9. The writ petition is disposed of with the above
directions.
(Nani Tagia, J)
Narendra/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 01.05.2024
Transmission Date N.A.
