MAYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is the widow of Dr. Dina Nath Prasad, who died in harness on 7.5.1996 while posted as Medical Officer, Primary Health Centre, Bhagwanpur in the district of Begusarai under the State Government. As the petitioner was kept deprived of the death -cum -retirement benefits such as family pension, gratuity, leave encashment, G.P.F., arrear of salary etc., she filed the present writ petition seeking appropriate direction to the concerned authorities for payment of the same. The petitioner claims to have filed a representation on 13.6.1996 (Annexure - 2) i.e., soon after the death of her husband, but no step was taken, which compelled her to file the present writ petition on 17.8.1999.

(2.) DESPITE service of notice of the writ petition long back on 13th August, 1999, no counter affidavit was filed on behalf of the respondent State and its officials except on behalf of the Director, Provident Fund, District Provident Fund Officer and the Accountant General (respondents no. 8, 9 and 10 respectively).

(3.) THE District Provident Fund Officer has, however, personally produced authorisation for Rs. 1,82,481/ - with respect to provident fund amount with interest up to October, 1996 and the deduction statement which were available with him. He assures that with respect to remaining provident fund as per the sanction order, contained in Annexure C, necessary authority slip shall be issued within a week.