IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13722 of 2005 MANORAMA DEVI Versus THE STATE OF BIHAR & ORS ----------- 6 12.05.2010 Heard Mr. Nageshwar Prasad, learned counsel for the petitioner, Mr. Sanjay Kumar, learned G.P.14 for the State and learned counsel for the Accountant General. The petitioner is widow of late Krishnadeo Ram who superannuated from the post of Mixer in the Health Department on 30.11.1993 and expired on 17.10.2000. The writ petition was filed for payment of the post retiral benefits as found admissible to the petitioner. During the pendency of the proceedings it appears that other dues as found admissible to the petitioner had been paid and which was also agreed upon by the learned counsel for the petitioner as taken note in the order dated 19.9.2007. However, there was some dispute with regard to the general provident fund amount and for which the learned counsel for the State was directed to seek instruction and file counter affidavit. In compliance of the said direction a counter affidavit has been filed on behalf of the respondent No.9, the 2 District Provident Fund Officer, Bhagalpur who submits that an authorization slip has been issued vide letter No.265 dated 15.4.2006 for payment of amount of Rs. 1,07,691/- towards the provident fund claim of the petitioner including up to date statutory interest. It is however, stated that he is not accountable for computation while the petitioner was posted under the District Board, Bhagalpur. The District Provident Fund Officer, Bhagalpur submits that in so far as amount of Rs. 22,557.00 deposited in Zila Parishad, Bhagalpur is concerned, the said amount was never deposited by the District Board, Bhagalpur. He submits that the said facts have been communicated to the Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Bhagalpur, vide letter No.1075 dated 6.11.2007. The entitlement of the petitioner to receive the amount of Rs. 22,557/- deposited with the Zila Parishad, Bhagalpur is manifest from a letter No. 67 dated 24.2.1997 (Annexure-3) addressed to the late husband of the petitioner issued under the signature of the Secretary, Zila Parishad, Bhagalpur. The 3 said amount was never deposited with the District Provident Fund Officer, Bhagalpur and thus has remained pending. In the circumstances, the respondent No.8, the Chairman and Secretary, Zila Parishad, Bhagalpur shall ensure that if the said deposited amount of Rs. 22,557/- which includes the contribution made by the late husband of the petitioner as well as the contribution by the Zila Parishad including the interest thereon, has not yet been paid to the deceased employee, the same should be made over to the petitioner together with upto date admissible interest thereon, within a period of three months from the date of receipt/production of a copy of this order. If there are any further grievances of the petitioner which have yet remained pending, the petitioner may raise the same before the authority concerned and who shall consider and dispose of the same in accordance with law. Bibhash ( Jyoti Saran, J.)