IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2128 of 2006 ANJANI KUMARI Versus THE STATE OF BIHAR & ORS ----------- 03/ 22.03.2010 Heard Mr. Mukeshwar Dayal, learned counsel appearing on behalf of the petitioner and Mr. Shashi Dhar Jha, learned assisting counsel to G.A. 1. The petitioner is adopted daughter of Late Uma Devi who superannuated from the post of Assistant Teacher with effect from 31.10.1990 from the B.N.R. Training College, Gulzarbagh, Patna. Although the other retiral benefits were paid to Late Uma Devi but the general provident fund amount was not paid to her. The writ petition was filed by the present petitioner claiming herself to be the adopted daughter of Late Uma Devi for payment of the said general provident fund amount with upto date interest. A counter affidavit was filed on behalf of respondent no. 2, the Principal, B.N.R. Training College, Gulzarbagh, Patna and in paragraph-5 thereof it was stated that Late Uma Devi died issueless. It is further stated that in her life time she had nominated the respondent nos. 4 to 6, namely, Ajay Kumar, Sanjay Kumar and Raju Kumar for receiving the provident fund amount. It was stated that the said three nominees were requested to appear before the Principal for 2 receiving the payment but they have not responded. A counter affidavit has also been filed on behalf of respondent nos. 4 to 6 and in which they admitted that the petitioner is adopted daughter of Late Uma Devi and that the adoption was by way of mutual consent. In response to the statement of the Principal that the private respondents did not appear before him for receiving the payment, it is stated in paragraph-6 that the respondent nos. 4 to 6 appeared before the Headmaster and apprised him about the petitioner being the adopted daughter of Late Uma Devi and also requested for making the payment of G.P.F. amount with interest to the petitioner but the Headmaster has not acted on the said request. It is in these circumstances that the present writ petition came to be filed by the petitioner. Having regard to the document placed at Annexure-2 to the writ petition which is a certificate issued by the office of the Administrator-General certifying the petitioner of being the adopted daughter of Late Uma Devi and the statement made in paragraph-6 of the counter affidavit filed on behalf of respondent nos. 4 to 6 being the nominees to receive the G.P.F. amount of Late Uma Devi, there should not have been any impediment in the payment of the G.P.F. amount to the present petitioner nor any occasion should have arisen for filing the writ petition. Having regard to the circumstances noted above, 3 the writ petition is disposed of with a direction to the respondent no. 2 the Principal, B.N.R. Training College, Gulzarbagh, Patna to make payment of the G.P.F. claim relating to Late Uma Devi to the present petitioner with upto date statutory interest admissible thereon after obtaining indemnity bond from her undertaking to indemnify in case of any counter claim comes forward on behalf of private respondent nos. 4 to 6. The said payment should be made within a period of three months from the date of receipt/production of a copy of this order which should be filed together with an indemnity bond. S.Sb/- (Jyoti Saran, J.)