RAM PIARI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The husband of the petitioner Shri Gulzari Lal was working as Sub Divisional Clerk in the office of the Sub Divisional Engineer, Water Supply and Sanitation Department (RWS), Sub Division Dasuya under Division Talwara, District Hoshiarpur. Unfortunately he died on 2.4.2003 while in service. G.P.F. amount standing to the credit of the deceased employee was released to the petitioner on 2.11.2005 which was after about two and half years. The petitioner has claimed interest on delayed payment by filing the instant petition. In that regard reliance has been placed on Para 8(iii) of the instructions dated 2.5.1989 (Annexure P.2). According to Para 8 (iii) of the instructions the Provident Fund money at the credit of a subscriber becomes payable on the fulfillment of the conditions laid down in Para 1.3.28 of the Punjab Civil Service Rules. Volume II which provides that the amount becomes payable when he retires or inter-alia dies. It further provides that as soon as such an event occurs the Maintenance Authority should ask the subscriber/legal heir of the deceased employee to fill in the form in PF 103. Para 8(iv) of the instructions further provides that the account should be updated allowing interest upto the end of the month preceding the month in which the payment has become due.

(2.) It is admitted position that the petitioner expired on 2.4.2003 and the amount of G.P.F. standing at the credit of the husband of the petitioner amounting to Rs. 2.19,6321/- became payable. However it has been submitted that the delay has been caused because the petitioner applied for G.P.F. on 29.9.2004 and the form being incomplete was returned back. She applied on 28.3.2005 and G.P. Fund was sanctioned on 28.10.2005. Accordingly the payment was made by cheque on 2.11.2005. Therefore it is claimed that the delay is imputable to the petitioner.

(3.) After hearing the learned counsel for the parties and perusing the paper book we are of the considered view that this petition deserves to succeed. According Para 2.8(iii) of the instructions dated 2.11.1989 an obligation has been cast on the Maintenance Authority to ask the legal heirs of the deceased employee to fill in the form in PF 10 immediately when any of the event like death of an employee occurs. The afore-mentioned para reads thus :