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Siyamani Devi vs The State Of Bihar
2025 Latest Caselaw 2277 Patna

Citation : 2025 Latest Caselaw 2277 Patna
Judgement Date : 19 March, 2025

Patna High Court

Siyamani Devi vs The State Of Bihar on 19 March, 2025

Author: Harish Kumar
Bench: Harish Kumar
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8458 of 2024
     ======================================================
     Siyamani Devi, Wife of Late Krishna Murari Sharma, Resident of Village-
     Punhada, Post- Newari, P.S.- Makhdumpur, District- Jehanabad, Pin Code-
     804425

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar Through the Principal Secretary, Education Department,
     Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
2.   The Director, Secondary Education Department, Vikash Bhawan, Bailey
     Road, Patna.
3.   The Director, Directorate General, Provident Fund, Finance Building
     Gardanibag, Patna.
4.   The District Magistrate Cum Collector, Jehanabad District- Jehanabad.
5.   The District Provident Fund Officer, Jehanabad, District- Jehanabad.
6.   The District Education Officer, Jehanabad, District- Jehanabad.
7.   The District Programme Officer, Establishment, Jehanabad, District-
     Jehanabad.
8.   The Treasury Officer, Jehanabad, District- Jehanabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Ghanshyam Sharma, Advocate
                                   Ms. Puja Kumari, Advocate
                                   Mr. Shashi Saurabh, Advocate
     For the Respondent/s   :      Mr. Standing Counsel (28)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 19-03-2025

                       Heard the parties.

                       2. The husband of the petitioner died in harness on

      08.03.2012

, while working as an Assistant Teacher at High

School, Ekki, Jehanabad. Despite the unfortunate demise of the

husband of the petitioner, till date the petitioner has not been

accorded the admissible G.P.F. amount and other benefits

compelling her to approach before this Court. Patna High Court CWJC No.8458 of 2024 dt.19-03-2025

3. Learned Advocate for the petitioner, referring to

the statement made in the rejoinder to the counter affidavit, has

contended that all the admissible amount has been paid to the

petitioner except the amount, as has been disclosed in para.8

thereof, which is quoted hereinbelow:

"8. That the petitioner has not paid the following amount of G.P.F.:

(a) Rs.1,05,208/- of authorised amount by letter no. 231 dated 16.10.2024.

(b) Rs. 1,98,824/- of remaining amount of G.P.F. of interest from Aug. 2012 to Nov.

2013 and uptill now.

i.e. total dues of Three lakh four hundred and thirty rupees is still dues up to Jan.2021."

4. Learned Advocate for the State submits that

considering the claim of the petitioner, the respondent no.5

made re-calculation of the G.P.F. amount of the deceased

husband of the petitioner at the rate of 12.5 per cent and

accordingly authorized the remaining amount of G.P.F. of the

deceased husband of the petitioner vide Authority letter dated

16.10.2024 along with up-to-date interest and the same has been

dispatched to the concerned authority for making payment.

5. Considering the nature of the grievance and the

statements made in the counter affidavit as well as rejoinder, the

present writ petition stands disposed off with a direction to Patna High Court CWJC No.8458 of 2024 dt.19-03-2025

respondent nos. 5 and 8 to ensure payment of the authorized

amount, preferably within a period of eight weeks from today.

6. Suffice it to observe that the husband of the

petitioner died in harness way back in the year 2012. In case of

delay in payment of the same within the stipulated period, eight

per cent per annum statutory interest shall be accrued on the due

amount, which shall be realized from the erring officials.

7. The writ petition stands disposed of.

(Harish Kumar, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.03.2025
Transmission Date       NA
 

 
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