IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16070 of 2008 UMESH KUMAR PRASAD, SON OF LATE LAL BAHADUR BHAGAT, RESIDENT OF VILLAGE TARWARA BHERHARIYA TOLA, P.O. TARWARA, P.S. GAUTAMBUDH NAGAR TARWARA, DISTRICT- SIWAN FOR HIMSELF AND ON BEHALF OF HIS MINOR BROTHERS AND SISTER RABISHANKAR KUMAR, PARMESHWAR KUMAR AND LILAM KUMARI. … PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF LABOUR GOVT. OF INDIA, NEW DELHI. 2. THE SECRETARY, MINISTRY OF LABOUR, GOVERNMENT OF INDIA, SANSAD BHAWAN, NEW DELHI. 3. THE CHIEF COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, BHIKAAJEE CAMA PLACE, LAJPAT NAGAR, RING ROAD, NEW DELHI. 4. SUB-REGIONAL DIRECTOR, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB-REGIONAL OFFICER, NEW VAKALATKHANA BHAWAN, COURT COMPOUNT, MUZAFFARPUR. 5. THE ASSISTANT PROVIDENT FUND COMISSIONER, (PENSIONS) SUB-REGIONAL OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, MUZAFFARPUR. … RESPONDENTS. ----------- 2. 13.12.2010. Heard learned counsel for the petitioner and the counsel for the Employees Provident Fund Organization (hereinafter referred to as the Organization). 2. Petitioner is aggrieved by the order of the Assistant Provident Fund Commissioner (Pension) Sub- Regional Office, Muzaffarpur dated 14.5.2008, whereunder the orphan pension payable to the younger brothers of the petitioner has been withheld on the ground that his mother having died on 9.11.1989, there was no occasion for payment of orphan pension to the younger brothers of the petitioner who are said to have been borne on 6.7.1995, 2.6.1997 and 28.5.1998. Counsel for the petitioner disputes 2 the aforesaid fact with reference to the death certificate of his mother dated 1.12.2000, Annexure-9 granted by the Registrar Gram Panchayat Raj, Tarwara, Siwan perusal whereof indicates that the date of death, registration is 9.11.1999, 15.11.1989 respectively but while writing the date of registration year of registration has been written in a manner that 1999 is appearing as 1989. 3. Counsel for the organization, disputes such contention he states that even the employer had certified in the form submitted by him that mother of the petitioner died on 9.11.1989. The form submitted by the employer is dated 20.11.2002 and is contained in Annexure-C to the counter affidavit. The factum of death in the records of the employer appear to have been maintained on the basis of the erroneous impression of the year of death indicated in the said certificate. Counsel for the organization however submitted that P.F organization may be permitted to verify from the Registrar Gram Panchayat Raj, Tarwara, Siwan about the actual date of death of the mother of the petitioner namely Ram Kumari Devi from the Registrar, Gram Panchayat Raj, Tarwara. 4. Having heard counsel for the parties, I direct the Assistant Provident Fund Commissioner (Pension) Sub- Regional Office, Muzaffarpur to seek appropriate verification from the Registrar Gram Panchayat Raj, Tarwara, Siwan 3 about the date of death of Ram Kumari Devi mother of the petitioner. The Registrar Gram Panchayat Raj, Tarwara, Siwan should respond to the request of the Assistant Provident Fund Commissioner (Pension) Sub-Regional Office, Muzaffarpur within one month from the date of receipt of the letter and indicate the date of the death of Ram Kumari Devi as found recorded in the Death Register maintained in his office. In case, the Registrar Gram Panchayat Raj, Tarwara, Siwan certifies that the date of death of the mother of the petitioner is 9.11.1999 the payment of orphan pension to the brothers of the petitioner be restored and order to that effect be passed, as early as possible, in any case within one month from the date of receipt of the information from the Registrar Gram Panchayat Raj, Tarwara, Siwan. It goes without saying that if the orphan pension payable to the brothers of the petitioner is restored, the arrears for the period between 14.5.2008 till the date of his restoration be paid within the same time. It is further observed that the orphan pension shall be payable to the petitioner and his other brothers until they attain the age of 25 years. 5. The writ application is, accordingly, disposed of. Ibrar/- ( V.N. Sinha, J.)