IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2287 of 2005 ***** 1. Parmanand Pandit, s/o Late Ram Equable Pandit, resident of village-Sabalpur, Newal Tola, P.O. Sabalpur, P.S. Sonepur, Distt-Saran. 2. Raghunath Bhagat @ Raghunath Bhakt, s/o Late Dayali Bhagat, r/o village-Rasoolpur, P.O.-Naya Gaon, Distt.Saran. 3. Devi Lal Prasad Singh, s/o Late Ram Narayan Singh, r/o village-Bakarpur, P.O. Govindchak, P.S.-Sonepur, Distt. Saran. 4. Babu Lal Prasad s/o Late Ram Chandra Singh, r/o Village- Bakarpur, P.O. Govindchak, P.S.-Sonepur, Distt. Saran. 5. Kedar Prasad Singh, s/o Shri Tippan Singh, r/o Village- Bakarpur Chaunsia, P.O. Govindchak, P.S.-Sonepur, Distt. Saran. 6. Gaya Prasad Sharma, s/o Late Ram Ekchha Sharma Village & P.O. Sabalpur, Sonepur, District-Saran. 7. Hari Narayan Sharma, s/o Late Ram Nihora Sharma, r/o Village & P.O. Sabalpur, Sonepur, District-Saran. 8. Yogendra Sharma, s/o Shri Siya Ram Sharma, r/o Village & P.O. Sabalpur, Sonepur, District-Saran. 9. Devki Nandan Sah s/o Late Raghunath Sah, r/o Village & P.O. Sabalpur, Sonepur, District-Saran. 10. Mostt. Rukmini Kuar, w/o Late Bisheshawar Sharma, r/o Village & P.O. Sabalpur, Sonepur, District-Saran. 11. Laljhari Devi, D/o Late Ram Shridist Singh, r/o village-Sonepur, P.O.-Sonepur, Distt- Saran. 12. Achyuta Nand Singh, s/o Shri Sidheswar Prasad Singh r/o village-Siraia, P.O.-Sahebpur Umal, Distt-Begusarai. 13. Ganga Parsad Sah, s/o Shri Kanahiya Sah, r/o village-Barka Pahlegn, Sanpur Diara, P.O. Sonepur, Distt. Saran. 14. Nagina Rai, s/o Late Brahmadeo Rai, r/o village-Rasoolpur, P.O.-Nanga Gaon, Distt.Saran. 15. Mostt. Ramkli Devi w/o Late Ganesh Prasad Yadav, r/o Village & P.O. Sabalpur, Sonepur, District-Saran. 16. Kumari Manorma Gupta w/o Keshar Prasad, r/o village-Jahangirpur, P.O. Sonepur, Distt- Saran. 17. Dev Nadan Prasad Rai, s/o Late Shital Rai, r/o Mohalla-Bhinik Tola, Krishi Firm, Dudhella Sonepur, P.O. Sonepur, Distt. Saran. 18. Yogendra Prasad Singh s/o Late Sakhi Chandra Singh, r/o village-Bharpuara Nayatola, Batarauli, P.O. Bharpura, Distt.-Saran. 19. Bharat Prasad Yadav s/o Ram Avatar Prasad Yadav, r/o Village-Karanchi, P.O. Bithan, District-Samastipur. …. …. Petitioners Versus 1. The State of Bihar. 2. The Director, Primary Education, Bihar, Patna. 3. The District Superintendent of Education, Saran, Chapra. 4. The District Provident Fund Officer, Saran, Chapra. 5. The Treasury Officer, Saran, Chapra. …. …. Respondents ----------- - 2 - 7. 2.2.2009. All the 19 petitioners have a common grievance. It is their claim that they retired as Assistant Teacher from the elementary schools of the district and they are entitled to payment of their difference of salary for the period 1.1.1971 to 31.3.1973, which was deposited in the G.P.F. account of the Government. Despite several adjournments no counter affidavit has been filed on behalf of the respondents. Learned counsel for the petitioners submits that the District Superintendent of Education, Saran at Chapra has already authorized payments but in absence of the necessary funds being available the Treasury Officer is not releasing these amounts. The Court fails to understand as to where is the question of availability of funds comes into play in matter of payment of a rightful dues of these petitioners. The petitioners have a right to claim payment because it is their money because it was directed by the Government to be deposited in Government Treasury. The Court, therefore, is of the opinion that the District Provident Fund Officer, Saran as well as Treasury Officer, Saran shall take such steps as may be advised to meet the obligation of these petitioners, if the payment under the above head has not been made already to them. The obligation to settle the accounts will be within a period of three months from the date of communication/production of a copy of this order. The other aspect which is vexing these petitioners is that they have not been paid their G.P.F. for the period prior to the year 1976. In absence of any counter affidavit no reason is emerging for such non-payment. The District Provident Fund Officer, Saran, respondent no.4 shall take steps for payment of these - 3 - G.P.F. amount after respondent no.3, the District Provident Fund Officer, Saran will authorize sanction on due verification of accounts of these petitioners, which should also be done within a period of four months from the date of communication/production of a copy of this order. The writ application stands allowed with the above direction. Pawan/- (Ajay Kumar Tripathi, J.)