IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5800 of 2005 MOST.SUMITRA DEVI w/o LATE NAVIN CHANDRA JHA R/O VILLAGE- MISHERPUR, PO-KUMAITHA PS-NATH (SULTANGANJ),DISTT- BHAGALPUR---- PEPTITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT SUPERINTENDENT OF EDUCATION,BHAGALPUR 3. THE DISTRICT PROVIDENT FUND OPFFICER,BHAGALPUR--------- ----------- RESPONDENTS ----------- 3 12.2.2009 No counter affidavit has been filed for the last four years when the writ application has remained pending for the simple reason that the petitioner’s husband who claims himself to be a retired teacher from Middle School, Shahjadpur shahkund, Bhagalpur has not been paid the difference of salary from 1.1.1971 from 31.3.1973 which was ordered to be deposited in the GPF account at the relevant time. There is also a claim for suspense amount for the period 1.4.1974 to May, 1976. Since the position with regard to payment is not known to the Court in absence of the counter affidavit, the Court directs respondent no. 2, the District Superintendent of Education, Bhagalpur to examine the claim of the present petitioner who happens to be the wife of late Navin Chandra Jha and if in case this amount has been deducted and not paid to the petitioner’s husband then steps will have to be taken for an early payment to the petitioner. The issue of suspense amount will be decided on the basis of the outcome of the enquiry which is being held in the matter in the district of Bhagalpur. The Court expects a decision within a period of three months from the date of communication or production of a - 2 - copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)