IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15837 of 2005 SHRIMATI JHALLO KUAR Versus THE STATE OF BIHAR & ORS ----------- 05/ 24.06.2008 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner for payment of G.P.F. along with interest as the petitioner’s husband late Ramdeo Prasad had died in harness on 25.12.1992 while he was working as an Assistant Teacher in Middle School, Goraur, Rajgir (Nalanda). It is not in dispute that all other death-cum-retiral dues have been duly paid to the petitioner except the amount of G.P.F. This matter was considered by this Court on 26.03.2008 and the question involved was only as to whether up-to-date interest over G.P.F. dues was paid to the petitioner and, accordingly, the State Government was directed to seek further instruction as to whether up-to-date interest over G.P.F. dues of the petitioner has been paid till the date of payment and if not paid then to pay the said interest within two weeks. In compliance of the order of this Court, the District Provident Officer, Nalanda, is personally present in court. Now a supplementary counter affidavit has been filed on 15.05.2008 on behalf of the respondents stating that the entire G.P.F. amount along with statutory interest, except for the period between July, 1993 to April, 2004, had been paid. This is an admitted position. Learned counsel for the State submits that although husband of the petitioner died on 25.12.1992 but the final withdrawal 2 application for G.P.F. was not filed for more than a decade and such an application was finally submitted on 30.04.2004 by the petitioner in the office of the District Superintendent of Education, Nalanda. She further submits that according to the circular of the Finance Department bearing no.3373 dated 06.05.1988 such an application was to be filed within six months from the date of death of the employee and if it was not done within the said period and application was made belatedly, the statutory interest after six months of death till the date of the application shall not be payable. In the said circumstances, she submits that six month after the death of the petitioner’s husband ended in June, 1993 and the application was filed on 30.04.2004, hence for the period from July, 1993 to April, 2004, the statutory interest has not been paid to the petitioner in accordance with the aforesaid Rule. On the other hand, learned counsel for the petitioner vehemently opposes the said contention of learned counsel for the State and submits that the petitioner is an old lady, her husband having died sixteen years back and she has been deprived of her legal dues, hence the matter should be considered sympathetically. He further submits that the petitioner had much earlier filed a similar application before the same authority but no step was taken with respect to G.P.F. , whereas, other death-cum-retiral dues have been paid to the petitioner. Although learned counsel for the petitioner has argued at length but he could neither produce any such application filed by the petitioner earlier nor he could even mention the date on which such application was made. In the said circumstances, the submissions made 3 by the petitioner in that regard cannot be relied upon. Furthermore, the amount of G.P.F. and statutory interest for the relevant period having already been paid, this writ petition is disposed of. . MPS/ ( S. N. Hussain, J. )