IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.346 of 2006 SARSWATI DEVI @ SARASWATI KUNWAR w/o- Late Dudhnath Singh village- Sonaw, P.S.-Chand, P.O. Karji, District-Kaimur. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar, Patna 2. The Secretary-cum-Commissioner, Primary Education, Government of Bihar. 3. The Director, Primary Education, Government of Bihar, Patna. 4. District Superintendent of Education, Bhabhua, District-Kaimur. 5. The Head Master, Middle School, Amaua, District-Kaimur. 6. District Provident Fund Officer, Kaimur (Bhabhua). 7. Accountant General (A&E) Bihar, Bir Chand Patel Marg, Patna. ----------- 3 18.01.2010 Heard Mr. Mritunjay Kumar, J.C. to Mr. Anil Kumar Singh learned counsel appearing on behalf of the petitioner, Mr. Rana Bhupendra Narayan Singh learned A.C. to S.C.10 for the State and Mr. L.P.K. Rajgrihar counsel appearing on behalf of the Accountant General. The petitioner who is the widow of Sri Dudh Nath Singh has filed the writ petition for payment of retiral benefits as admissible to her husband who died in harness on 9.2.1960 while posted as Headmaster in Primary School, Amaua, Kaimur. Learned counsel submits that since thereafter except for some amount towards provident fund, nothing else has been paid to her. 2 Learned counsel appearing on behalf of the State with reference to a Division Bench judgment reported in 2001 (2) PLJR 212 (Sate of Bihar versus Arya Devi) submits that the issue stands settled by the said judgment wherein it was held that teaching and non teaching employees of elementary school who either retired or died before 1.4.1976 were not entitled to pension/family pension and gratuity under the liberalized Pension Scheme of 1964. It is stated that a teacher of a private school becomes a government servant and becomes entitled to pensionary benefits only after take over of the school concerned under the provisions of the Bihar Non Government Elementary school (Taking over of Control) Act, 1976. It is thus submitted that as admittedly the husband of the petitioner had expired even before the take over of the said school which took place in 1976 hence nothing was admissible to him save and except the amount deducted by way of general provident fund. Learned counsel for the petitioner submits that she had informed the District Superintendent of Education by writing a letter that she had received the provident fund 3 payment only until September, 1958 and that the amount since thereafter until the death of her husband on 9.2.1960 still remained pending. Learned counsel thus submits that the G.P.F. deductions towards provident fund amount from the salary of the petitioner with effect from October, 1958 until his death on 9.2.1960 with statutory interest has not been paid to the petitioner. The said fact is borne from the letter dated 29.7.1968 placed at Annexure-3 of the writ petition. Learned counsel appearing on behalf of the State submits that as it is a case being more than 50 years old, the authorities concerned are facing problem in tracing out the records. In that view of the matter, this writ petition is disposed of with the liberty to the petitioner to bring to the notice of the respondent No.4, District Superintendent of Education, Bhabhua with regard to her pending claim and who shall consider the same and if any amount towards provident fund or any other dues is found payable to the petitioner it should be paid to her expeditiously and preferably within four months. 4 This writ petition stands disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J. )