BIDYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is the widow of Late Bhagat Prasad, who sought voluntary retirement on 1.5.1993 while working as Headmaster, Government Middle School, Laxmipur Laukhan, Anchal Ghorsahan, in the district of East Champaran and ultimately died on 30th October, 1997.

(2.) IT is stated that the husband of the petitioner made all efforts to persuade the respondent authorities to make payment of his provident fund dues, but the respondents authorities have not paid the same to her husband while he was alive or to the petitioner, which compelled her to file the present writ petition.

(3.) A counter affidavit has been filed on behalf of the Provident Fund Officer, Motihari (respondent no. 5) in which it is stated that the District superintendent of Education, Motihari has not sent application for final withdrawal to this respondent. It is further stated that a letter was sent to the District Superintendent of Education for sending application for final withdrawal and balance up to 1985 - 86. The said respondent has, thus, shown helplessness in authorising the amount of G.P.F. in the absence of balance standing at the credit of the subscriber upto 1985 - 86 and the application for final withdrawal in the prescribed form duly filled in and signed by the head of the office and countersigned by the District Superintendent of Education under rule 529 of the Bihar Treasury Code Volume I.