IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3891 of 2005 JEERAMATI DEVI Versus THE STATE OF BIHAR & ORS ----------- 07/ 04-03-2010 Heard Mr. Naresh Prasad No. 1 for the petitioner, Mr. Manoj Kumar Jha for the State and learned counsel appearing for the Accountant General. The present petitioner is a widow of the original petitioner Ram Chandra Singh who had filed the writ petition for payment of his dues towards deductions of provident fund prior to 1976, difference of enhanced gratuity and difference of dearness allowance. It was contended on behalf of the State that the two authorizations dated 15.08.2002 for Rs. 2,77,597/- and dated 14.7.2003 for Rs. 6,380/- included the contribution for the period prior to 1976 together with interest, however, the petitioner disputes this position in absence of a calculation sheet. In so far as the difference of gratuity amount is concerned, an authorization dated 19.4.2005 was handed over to learned counsel for the State issued by the Accountant General authorizing an amount of Rs. 7,423/- by way of difference of gratuity. In so far as the grievance regarding difference of dearness allowance is concerned, it was stated that the said amount of Rs. 1499/- had been paid to the petitioner in the year 2002-03 itself. In the said circumstances, the matter was adjourned to enable the State counsel to seek instruction as to whether the difference of gratuity amount has been paid to the petitioner in the light of the - 2 - authorization dated 19.4.2005. However, today when the matter has taken up, learned counsel representing the State informs the Court he has not yet received any instruction in this regard. Learned counsel for the petitioner also raises an issue of payment of statutory interest on the differential amount of salary deducted for the period 1.1.1971 to 31.3.1973 and with reference to the enclosure to Annexure-C of the counter affidavit filed on behalf of the respondent no. 5, he submits that payment of interest has been made at the rate of 6 per cent only. Learned counsel thus submits that the petitioner is entitled for payment of interest at the statutory rate admissible on G.P.F. accumulations and relies upon a Bench decision of this Court reported in 2007(3) P.L.J.R. 57 (Paras Nath Singh Vs. The State of Bihar & Ors.). By the aforesaid decision it was held that the subscriber would be entitled to statutory interest as admissible on G.P.F. accumulations from 1973 itself until the date of payment. Considering the circumstances aforesaid, the writ petition is disposed of with a direction to the respondent no. 5, the District Superintendent of Education, Siwan to make the payment of the difference of enhanced gratuity amount to the petitioner in the light of the authorization dated 19.4.2005 for the amount of Rs. 7,263/-, if the said amount has not yet been paid. The District Superintendent of Education, Siwan would prepare a details of deductions which constituted the payments dated 15.8.2002 of Rs. 2,77,597/- and payment dated 14.7.2003 of Rs. 6,380/- and demonstrate that it - 3 - included the dues relating to deductions of the provident fund of the petitioner for the period prior to 1976 and provide the same to the petitioner. The said authority would also examine the claim of the petitioner for interest at the statutory rate on the differential amount of the salary for the period 1.1.1971 to 1973 in the light of the judgment referred to above passed by this Court, which should be filed by the petitioner. Needless to add that if the petitioner is found entitled any of the sums aforesaid, the same should be paid to her without further delay and ensuring that the said exercise is completed within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of. S.Sb/- (Jyoti Saran, J.)