IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3512 of 2006 SATENDRA SINGH @ SATYENDRA NR. Singh, son of late Rajpati Singh, resident of village-Sigathi, P.S.- Bhabua, P.O. Akhlaspur, District-Kaimur. Versus 1. THE STATE OF BIHAR 2. the Registrar General, Department of Co-operative Societies Bihar, Patna. 3. The Assistant Registrar, Co-operative department Kaiumar, Bhabua. 4. The Project Executive Officer, Ramgarh, Kaimur. 5. The District Provident Fund Officer, Kaimur/Rohtas at Sasaram. 6. The Treasury Officer, Kaimur, Bhabua. 7. The Accountant General, Bihar, Patna. ------------ 2 22.04.2010 Mr.Ravi Shankar Sahay, learned counsel for the petitioner. No one appears on behalf of the State. The only complain in the writ petition is for non payment of the G.P.F. amount of the father of the petitioner who superannuated as an employee of the Co-operative Department, Government of Bihar while holding the post of Co-operative Extension Officer, Ramgarh Block in the District of Kaimur w.e.f. 1.1.1975. The father of the petitioner expired on 19.4.1990 and even the widow expired on 18.12.2001. The petitioner, the son of the deceased employee late Rajpati Singh, submits that he has not received the G.P.F. amount relating to his late father as yet. - 2 - A counter affidavit has been filed on behalf of the Assistant Registrar, Co-operative Societies, Bihar, Patna and in paragraph 5 thereof it has been stated that neither the father of the petitioner nor his widow filed any application for final withdrawal of the provident fund amount and in absence whereof the said claim was never processed. Similar views has been expressed by the District Provident Fund Officer, Kaimur/ Rohtas at Sasaram who in his counter affidavit has mentioned that in absence of any application towards final withdrawal, the said claim was never processed. Having regard to the nature of claim raised and the submissions made by the Assistant Registrar, Department of Co- operative, Bihar, Patna as also District Provident Fund Officer, Kaimur/ Rohtas at Sasaram, I deem it fit to dispose of this writ petition with a liberty to the petitioner to represent before the respondent No.3, the Assistant Registrar, Co-operative Department, Kaimur together with supportive documents certifying his identity as son of late Rajpati - 3 - Singh accompanied by an indemnity bond undertaking to indemnify in case of any subsequent genuine counter claim and whereupon the respondent Assistant Registrar, Co- operative would after satisfying himself as to the claim of the petitioner of being the only legal heir of the deceased employee, process the G.P.F. claim of the late father of the petitioner without insisting upon the production of a succession certificate, if the petitioner is able to satisfy by means authentic documents that he is the legal heir of the deceased employee. In case there are other legal heirs the amounts shall be equally distributed amongst them. The G.P.F. papers should thereafter be forwarded to the District Provident Fund Officer, Kaimur/ Rohtas at Sasaram for payment. The exercise should be completed within a period of three months from the date of filing of such representation. Bibhash (Jyoti Saran, J.)