CHANDRAMANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for and on behalf of the petitioner and also the Accountant General.

(2.) ON the facts of it, it appears that, although, authorisation letter has been issued by the Accountant General, no payment could be received by the petitioner as she is ailing and unable to move the Treasury Officer to get payment on the basis of the authorisation order being issued by the Accountant General and also by the District Provident Fund Officer, Respondent No. 5. The grievance of the petitioner is that those payment orders had been made very belatedly as her husband died in the year 1987 and the authorisation orders were passed in the year 2000 -2001. On the face of such authorisation orders, definitely the petitioner is entitled for penal interest for delayed payment on the leave encashment and gratuity amounts. The petitioner shall be entitled to get penal interest @ 9 1/2% per annum from the date of due till the date of authorisation and such payment shall be made by Respondent No. 2 within a period of ten weeks from the date of presentation of a copy of this order from the side of the petitioner. As regards less payment of statutory interest as has been claimed from the side of the petitioner, she may move before the Respondent No. 5 within a period of three weeks. On receipt of such representation from the side of the petitioners, the Respondent No. 5 shall re -calculate the G.P.F. accumulated dues of the late husband of the petitioner and after giving an opportunity of hearing to the petitioner shall pass necessary sanction order within a period of eight weeks from the date of filing of the representation. If it is found that up -to -date statutory interest has not been made on the date of authorisation, then the same should be paid as there is no laches on the part of the petitioner. The payment of statutory balance if any, should be made available to the petitioner within eight weeks next thereafter.