Devki Devi @ Devaki Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Devki Devi @ Devaki Devi Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioner to file a representation before respondent no. 4 (Administrative Officer, General Provident Fund Section, Deptt. of Finance, Govt. of Bihar) within four weeks; officer to consider and dispose of it within a further eight weeks, ensure payment of all admissible GPF dues in accordance with law, and state reasons if the claim is rejected. No direct award of the GPF amount by this Court.

Issue for consideration

Whether the respondent authorities are to be directed to ensure payment of the GPF amount of the petitioner's late husband (a Bihar Police Constable who died in harness on 27.11.1984), which remained unpaid for 39 years despite repeated representations.

Court's answer

Instead of adjudicating the 39-year-old GPF claim on the merits, this Court disposed of the writ petition with liberty to the petitioner to file an appropriate representation before respondent no. 4, the Administrative Officer, General Provident Fund Section, Department of Finance, Government of Bihar, Patna, preferably within four weeks.

Ratio / Principle

On receipt of such representation, respondent no. 4 shall consider and dispose of it within a further period of eight weeks and ensure payment of all the admissible GPF amount of the petitioner's late husband in accordance with law.

Key takeaways

Any rejection of the petitioner's GPF claim by respondent no. 4 must be accompanied by reasons.ratio¶27

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J), CWJC No. 18640 of 2023, oral order dt. 25-01-2024: Petitioner, claiming to be the widow of Late Kapildev Pathak, a Bihar Police Constable who died in harness on 27.11.1984, sought a direction for payment of her late husband's GPF amount (GPF A/c No. P-48049, D.P011636, with salary deductions), unpaid for 39 years despite gratuity and other admissible dues having already been paid; repeated representations before the Superintendent of Police bore no fruit. State counsel noted the writ was filed after a belated period of over thirty-eight years. The Court did not adjudicate entitlement directly: it disposed of the petition with liberty to the petitioner to file an appropriate representation before respondent no. 4, the Administrative Officer, General Provident Fund Section, Department of Finance, Government of Bihar, preferably within four weeks; respondent no. 4 was directed to consider and dispose of the representation within a further eight weeks, ensure payment of all admissible GPF amount in accordance with law, and accompany any rejection with reasons.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18640 of 2023

======================================================

Devki Devi @ Devaki Devi Wife of Late Kapildev Pathak, resident of Ward number 24 Village-Madhurapur, P.S.-Teghra, District-Begusarai.

... ... Petitioner/s

Versus

The State of Bihar through the Additional Chief Secretary, Department of Finance, Government of Bihar, Patna.

The Additional Chief Secretary, Department of Home, Government of Bihar, Patna.

The Secretary, Department of Finance, Government of Bihar, Patna.

The Administrative Officer, General Provident Fund Section, Department of Finance, Government of Bihar, Patna.

The Senior Superintendent of Police, District-Patna.

The Accountant General, Bihar, Veer Chand Patel Marg, Patna, Bihar.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Sonu Kumar Chaudhary, Adv. For the Respondent/s : Mr. Mithilesh Kumar Upadhyay For the AG, Bihar : Mr. Binod Kumar Labh, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 25-01-2024

Heard the parties.

The petitioner is claiming herself to be widow of Late Kapildev Pathak, who died in harness on 27.11.1984 while

working as a Constable in Bihar Police, has filed the present writ petition, seeking a direction upon the respondent(s) to ensure payment of GPF amount of her late husband, which is remained unpaid since 39 years.

It is submitted on behalf of the petitioner that though the husband of the petitioner died on 27.11.1984 on account of prolonged illness, till date the GPF amount has not

Patna High Court CWJC No.18640 of 2023(2) dt.25-01-2024 2/3

been paid, though he fairly submitted that the amounts of Gratuity and other admissible dues, had already been paid to the husband of the petitioner. He next submitted that the husband of the petitioner had a GPF Account bearing No. P-48049, D.P011636, in which the deductions have also been made from the salary of erstwhile employee. Time without number, representations were filed before the concerned office of the Superintendent of Police but to no avail, compelling the petitioner to approach before this Court.

At this Stage, learned counsel for the State, submitted that admittedly, the husband of the petitioner died way back on 27.11.1984 while he was working as Constable in Bihar Police and the writ petition has been filed after much belated period of more than thirty eight years.

Considering the submissions advanced on behalf of the parties and after perusing the materials available on record, the present writ petition stands disposed of with a liberty to the petitioner to file an appropriate representation before the respondent no.4, the Administrative Officer, General Provident Fund Section, Department of Finance, Government of Bihar, Patna, preferably within a period of four weeks from today.

In case, such a representation is filed, the

Patna High Court CWJC No.18640 of 2023(2) dt.25-01-2024 3/3

respondent no.4, shall consider and dispose of the same within a further period of eight weeks and also ensure payment of all the admissible GPF amount of her late husband, in accordance with law. Any rejection of the claim would be followed by reason.

(Harish Kumar, J)

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