MOHAN LAL CHATURVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The father of the petitioner retired from the service of the State Government on 31-12-1987 while posted as District Welfare Officer and died on 24-2-2001. As the petitioner was not paid arrears of salary, family pension and other retrial dues, including G.P.F. for almost 15 years, he filed the present writ petition seeking direction to the appropriate authorities for payment of his dues.

(2.) After hectic efforts, it seems that the authorities have sanctioned the dues, including the G.P.F., but on G.P.F. statutory interest up to June, 1988 has only been paid and not up to the date of payment.

(3.) From the counter affidavit filed oh behalf to the District Provident Fund Officer, it appears that the delay in payment of the provident fund dues of the father of the petitioner was on account of non-availability of deduction statements, including B.T. up to the period 1981-82 sent by the Accountant General. It is, however, stated that as per the Finance Department's Notification No. M/88/3373 dated 6-5-1988, a guideline has been given that after retirement if no withdrawal application is received within six months, then in that case interest will be allowed only for six months from the date of retirement and if the withdrawal application has been submitted within that period and if any delay is caused, the account holder will be entitled for up-to-date statutory interest, According to the District Provident Officer, in this case the withdrawal application was received by the deponent only on 7-11-2002, which has been signed by the Secretary, Welfare Officer on 5-11-2002 itself. Hence, interest after June, 1988 has not been allowed.