IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9986 of 2008 SMT.PUNITA VERMA 'DEEPAK', W/O LATE DEVENDRA PRASAD VERMA (DEEPAK), R/O MELA ROAD, BHAWDEPUR, WARD NO.16, POST-SITAMARHI, DISTRICT-SITAMARHI. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 2. DEPUTY DIRECTOR OF EDUCATION, DARBHANGA DIVISION, DARBHANGA. 3. PRINCIPAL, NATIONALISED SCHOOL, KOLHANTA PATORI, DARBHANGA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR. 5. PRINCIPAL, WOMENS TEACHERS TRAINING COLLEGE, GHOGHARDIHA, MADHUBANI. 6. ACCOUNTANT GENERAL BIHAR AND JHARKHAND, BEER CHAND PATEL PATH, PATNA. 7. DISTRICT PROVIDENT FUND OFFICER, BEGUSARAI. 8. DISTRICT PROVIDENT FUND OFFICER, SAMASTIPUR. 9. DISTRICT PROVIDENT FUND OFFICER, DARBHANGA. 10. DISTRICT PROVIDENT FUND OFFICER, MADHUBANI. 11. DIRECTOR, PROVIDENT FUND, BIHAR, PATNA. …………RESPONDENTS. ----------- 2 20.09.2011 Petitioner has filed this writ application for a direction to the respondents to grant time bound promotion to her late husband and, after the closure of the Scheme, promotion under the Assured Career Advancement Scheme and consequential benefits thereof. She has also prayed for a direction to the respondents to correctly calculate the provident fund dues in respect of her deceased husband and pay all the 2 amount found admissible to him with due interest. So far as time bound promotion is concerned, that claim of the petitioner on behalf of her late husband is apparently stale and this Court is not inclined to entertain the same. However, so far as promotion under Assured Career Advancement Scheme is concerned, petitioner’s prayer is fit to be entertained because of the fact that her husband had superannuated with effect from 31.01.2002 and died on 27.12.2004. In between this period, in 2003 the Rules in respect of Assured Career Advancement Scheme was notified, which was to take effect from 09.08.1999. Hence, after this Rules came into operation, the husband of the petitioner, who was in service till 31.01.2002, became entitled to the said benefits. As he died soon thereafter, i.e. on 27.12.2004, the delay of about four years made by the petitioner in approaching this Court is condonable. So far as claim of the petitioner in respect of provident fund is concerned, in the counter affidavits, it has been stated 3 that the amount has been calculated and paid to the petitioner, after deducting the advance taken by her husband during his service period from the fund. Learned counsel for the petitioner submits that the calculation has not been correctly made. He submits that the husband of the petitioner was posted at three places namely in the district of Samastipur, Begusarai and Madhubani. He submits that the Provident Fund Officers of the Samastipur and Begusarai have sent the calculations, but as the petitioner’s husband had superannuated from Madhubani district, it is the District Provident Fund Officer of Madhubani who has to make final calculation and ascertain the amount payable in favour of the husband of the petitioner. He submits that the District Provident Fund Officer, Madhubani has not done that because of which large amount of provident fund of the husband of the petitioner is still due. In the circumstances, the District Provident Fund Officer, Madhubani is directed to take into account the calculations sent by the District Provident Fund Officers of 4 Samastipur and Begusarai, make a final and detailed calculation, calculate the interest payable on the amount from time to time as prescribed under law and finally fix the total amount payable to the petitioner. This must be done within two months from the date of receipt/production of a copy of this order and the orders with regard to release of the due amount shall also be issued within that very period. So far as promotion of husband of the petitioner under Assured Career Advancement Scheme is concerned, the respondent no.2 is directed to find out the entitlement of the husband of the petitioner for promotion under that Scheme from due date and grant the same positively within two months from the date of receipt/production of a copy of this order, notwithstanding the fact that the claim in respect of her husband for time bound promotion has been found stale by this Court. In case, the promotion under the Assured Career Advancement Scheme is granted to the husband of the petitioner, obviously his pay scale etc. will change. In the 5 circumstances, the monetary benefits accruing from that grant of promotion during his pre- retiral period shall also be paid within that period and the respondents shall be obliged to take up the exercise of re-calculation of retrial benefits of the husband of the petitioner and family pension of the petitioner on the basis of such changes made in the pay scale of the husband of the petitioner on account of grant of said promotion. The revision of retiral benefits of the deceased husband of the petitioner and family pension of the petitioner must be done with payment of monetary benefits of the same within four months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)