IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14678 of 2011 Most. Daiya Devi , W/o Late Anirudh Sah Resident of Village – Bhotiya, P.O.- Chapraw Kothi, P.S. – Bakhityarpur, District – Saharsa. …. Petitioner Versus 1. The State Of Bihar. 2. Secretary, Department of Home (Police), Government of Bihar, Patna. 3. Under Secretary, Department of Home (Police), Government of Bihar. 4. The Collector, District – Saharsa. 5. The Sub Divisional Officer, Simri Bakhityarpur Sub Division, Simri Bakhityarpur, District – Saharsa. 6. The Officer in Charge, Bakityarpur Police Station, Bakhityarpur. 7. The District Provident Fund Officer, Saharsa. ……….. Respondents ---------------------------------- 2 08/09/2011 Heard Sri Ratan Kumar, learned counsel for the petitioner and Sri Ajay Kumar Sharma, learned AC to Additional Advocate General No. 1, who appears on behalf of all the respondents. The petitioner’s husband retired on 30/06/1996 as class IV employee (Choukidar) from the office of Officer-in-charge, Bakhityarpur Police Station, Bakhityarpur, District - Saharsa and subsequently died on 22/03/2006. The petitioner has claimed payment of provident fund amount of her husband. Learned counsel for the petitioner submits that though the husband of the petitioner retired in the year 1996, after his death, payment of amount of gratuity was made to the petitioner, as per ‘Annexure – 2’ to the writ petition which is an authorization issued by the Accountant General, Bihar, Patna. So far amount of GPF is concerned, till date, same has not been paid despite the fact that petitioner approached the authority concerned repeatedly. 2 In view of the fact and circumstances, the court is of the opinion that the writ petition can be disposed of granting liberty to the petitioner to file a detailed representation before Respondent No. 7/District Provident Fund Officer, Saharsa in respect of claim of GPF amount of her husband within a period of six weeks from today. If such representation is filed, Respondent No. 7 is required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of filing of such representation. If the amount of GPF in respect of her husband is still due, the Respondent No. 7 is required to pass order for payment of the amount of GPF within two months from the date of filing of such representation. Even in case of refusal, the Respondent No. 7 is required to pass a speaking order and communicate the same to the petitioner within two months from the date of filing of such representation. It goes without saying that petitioner shall be entitled to get admissible statutory interest on delayed payment. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)