IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10878 of 2007 BIBI RASHIDA KHATOON wife of late Md. Salauddin, resident of village- Mijgehwa, post Office, Ahilgaon, P.S. Kasba,District-Purnea. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, New Secretariat,Patna. 3. The Director, Secondary Education, Bihar Intermediate Council Building Budh Marg,Patna. 4. The District Education Officer,Araria. 5. The Treasury Provident Fund Officer,Purnea. 7. The Accountant General,Bihar,Beerchand Patel Marg,Patna. ----------- For the Petitioner : Mr. Ram Sagar Singh & Mr.Mukesh Kumar Rana For the State : S.C-6. For the Accountant General : Mr. L.P.K.Rajgriha. 4 6.3.2009 Petitioner happens to be the unfortunate widow of an Assistant Teacher, who died in harness on 10.3.1998 while he was posted at High School, Malhariya in the district of Araria. Though over a decade has gone by, she has been running from pillar to post to get the terminal due as a consequence of her late husband’s untimely death.The merciless burecracy did not even spare her. The Accountant General filed an affidavit that it had sanctioned payment of arrears of family pension in the year 2007 ( almost 10 years after it was due). There still remains family pension at revised pay scale as a consequence of pay revision with effect from 1.1.1996. There still remains the question of payment of gratuity and provident fund as well as arrear of revised pension. The Accountant General in its counter affidavit has stated that repeated letters were being sent to the District Superintendent of Education regarding petitioner which evoked no 2 response. Curiously, he showeds no sympathy to a widow. Repeatedly the case was adjourned. The District Education Officer did not choose to respond or instruct the State counsel. On the last occasion, this Court held that if the instruction was not given, contempt proceedings would be initiated . This has shaken up the District Education Officer who has , today , filed a counter affidavit. He has stated that he joined the post in July, 2008 and as soon as he came to know of these proceedings, he has moved heaven an earth for payment of petitioner’s legitimate due. His first communications to this end is 2nd March, 2009, three days prior to the listing of this case today. He gives no indication of what he did there since July, 2008 to the 2nd March, 2009. He immediately sanctioned payment of arrears of family pension amounting to Rs. 91,400/- and advises the Accountant General to pay the same ( whereas the Accountant General has already issued payment advise for the said amount in the year 2007 itself,but apparently a copy thereof was not marked to the petitioner else she would not have been before this Court with such a grievance). With regard to provident fund, he has simply written a wake up letter for the same that provident fund was due in the year 1998 and service books were sent and there has been no reply. Therefore, where the matter is stuck is any body’s guess and who will open the room and unlock the situation is still unknown. Then on the 3rd of March, 2009, District Education Officer sent another letter to the Accountant General, Bihar directing it to make payment of revised family pension on basis of pay revision. These are yet to received by 3 the Accountant General. However, on behalf of Accountant General, it is stated that arrear of family pension had already been sanctioned and is with the Treasury Officer, Araria who is bound to honour the same for an amount of Rs. 91,400/-. On their own, the Accountant General have calculated the arrears on revised family pension and sent the advice to the Treasury for payment, copy whereof has been handed over to the counsel for the petitioner . This is along with the payment of gratuity . One thing is clear that everyone was simply enjoying predicament of the petitioner, I fail to understand for what legal reason and only when this Court threatened with rule of contempt the authorities have suddenly become active and are trying to do what they are obliged to do ten years back. In this connection the submission was that when an employee’s wages are revised then under Government Circular and Regulation employee is required to make an application to his superior for fixation of revised pay scale and then make an application for payment thereof or the difference therein. In my view, there can be nothing more arbitrary or illegal than these provisions or circulars, if they so exist. To receive revised pay scale is the inherent right of an employee. It is a statutory and constitutional obligation of the State to pay.There being constitutional obligation to pay and right to receive then notwithstanding any Regulation or Circular issued at any point of time, the benefits would automatically without any application in that regard flow to an employee covered by pay revision. All these Rules/ Regulations/ Circulars to the contrary are ultra vires Article 14 of the 4 Constitution. State cannot shirk its constitutional obligation to pay what is due to its employee only because employee do not come and claim.The cosntitutional right is not to be claimed. It is there to be honoured by the State. With regard to pension similar submission has been made that once an employee retired he must make an application for payment of pension. He similarly has to make an application for withdrawal of provident fund, gratuity etc. I fail to understand to see any logic or rationale. Again these are the money legally and constitutional due to an employee from an employer as a consequence of service rendered by the employee. He is not required to go to his employer much less after his superannuation with begging bowl for mercy. He is entitled to it as a matter of right in law. It is his inherent right to receive the same. It is not a bounty. The State on its own have to process the papers and pay the amount. If for any reason some papers are not available, then the State has to ask for those papers specifically from the superannuated employee immediately otherwise it would be putting premium on inefficiency and leading to harassment and humiliation to a retired employee. An employee is under the command and control of the State which has a predominant role to maintain the record and payment to its employee. An employee has not to run from station to station collecting the papers with regard to his employement under the State. It is these hurdle created in this State of Bihar that has led to thousand of writ petitions being filed in the High Court only for retirement benefit dues. Such a situation does 5 not exist in any other State in this country. The employee’s widow, writ petitioner, shows as to what for exist these rules or regulations, which are arbitrary and can be exploited to cause harassment to a retired employee. In the facts and circumstances aforesaid, I direct the respondent- Accountant General, Bihar to ensure that the provident fund, gratuity, arrears of family pension,arrear of family pension on revised pay scale are paid to the petitioner within one month from today.It would be the primary responsibility of the District Education Officer, Araria to follow up the mater and see its proper compliance. As there has been no reasonable explanation or cause for the delay, I direct that in addition to whatever statutory interest for the delayed payment is payable, the petitioner shall be entitled in addition thereto, interest as compensation at the rate of 12% per annum on the said amounts from the date the amount was due and payable to the petitioner to the date when the amounts are actually paid to the petitioner.The amount of interest has also to be paid within one month from today and the District Superintendent of Education , Araria , would ensure that the same is paid to the petitioner accordingly. Once the amounts are paid including the interest, it would be open to the State to enquire into the matter as to who was responsible for the delay in payment and to order realization of the entire amount of interest from the said officer or officers but that would not come in the way of payment of interest to the petitioner. With the aforesaid observation and direction, this writ 6 petition stands disposed of. Let a copy of this order be forwarded to Chief Secretary, Govt. of Bihar, Patna. SINGH (Navaniti Pd. Singh, J.)