Citation : 2025 Latest Caselaw 2277 Patna
Judgement Date : 19 March, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8458 of 2024
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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
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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)
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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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