IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8253 of 2005 BHAGWATI DEVI W/o- Late Budhu chand Chaudhary, resident of village-Bharsar, P.S.- Piro, District-Bhojpur. Versus 1. THE STATE OF BIHAR 2. Secretary to the Govt. of Bihar Primary Education, Secretariat, Patna. 3. Director, Primary Education, Secretariat, Patna. 4. District Education Officer, Rohatas 5. Block Education Extension officer Dawad, District-Rohtas 6. Head Master, Lower Primary School Gidha, P.S. Dadath, District-Rohtas. 7. Accountant General, Bihar Bir Chand Patel Path. 8. District Superintendent of Education, Rohtas. ----------- 3 19.02.2010 Heard Mr. Rohit Kumar learned counsel appearing on behalf of the petitioner, counsel appearing on behalf of the State and counsel for the Accountant General. Learned counsel for the petitioner is directed to add District Superintendent of Education, Rohtas as respondent No.8 to the proceeding. The petitioner who is the widow of late Budhu Chand Chaudhary, filed a writ petition for payment of the death-cum-retrial dues admissible to her late husband who died in harness on 26.12.2003 while holding the post of Assistant Teacher in Lower Primary School, Gidha in the then District of Rohtas. 2 A counter affidavit has been filed on behalf of the State today after service of copy on the learned counsel for the petitioner and in which it was stated that the school in which the petitioner was working was under the management of a Managing Committee. It is submitted that such of the schools were taken over under the provisions of the Bihar State Elementary School taking over of Control Act, 1976 with effect from 1.1.1971. It is submitted that since the husband of the petitioner expired in the year, 1973 itself hence his service could not be taken over under the said enactment as he expired while the school was still under the private management. It is thus submitted that the petitioner in such circumstances was not entitled for payment of pension or gratuity but only arrears salary and the amount deposited towards G.P.F. It is in this connection stated that the salary of the husband of the petitioner for the month of November and December has since been paid but in so far as G.P.F. amount is concerned it was being deposited in the concerned account of the employee in the local post office and since the petitioner’s husband expired prior to the 3 taking over of the school, the said amount never got transferred in the G.P.F. fund and remained lying in the said post office. It is thus submitted that the petitioner can withdraw the said amount. Taking into consideration the facts and circumstances of the case that the petitioner is widow, this writ petition is a disposed of with the direction to the newly added respondent No.8, the district Superintendent of Education to ensure that the amount of G.P.F. deducted from the salary of the late husband of the petitioner is paid to her by the concerned post office expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of. Bibhash (Jyoti Saran, J. )