MOTI RANEE DEVI Vs. STATE

JUDGEMENT

(1.) ALTHOUGH order was passed on 9.4.2002 no counter affidavit has been filed on behalf of the State clarifying as to whether the husband of the petitioner had been discharged from service or he was dismissed from service but on the face of Annexure -10 dated 9.11.1999 of the Superintendent of Police, Madhubani it appears that Sewamukta had been passed by the disciplinary authority after the departmental proceeding was concluded which means that the husband of the petitioner was removed from service on discharge. It is true that a criminal case was there against the husband of the petitioner in which he was convicted. Against such conviction an appeal was filed before this Court which is still now pending. But in the departmental proceeding on the same charges the petitioners husband was found guilty and he was discharged from service. If discharge from service is there then as per the Rules of the State Government Annexure -3 dated 6.9.1975 the husband of the petitioner was entitled for benefit on discharge from service whatever is available to him and also the petitioner shall be entitled for family pension. In that way the respondent authorities cannot deny the grant of family pension to the petitioner, in the circumstances of the present case. In that way the respondent no. 3, the Director General of Police, Bihar, Patna and Respondent No. 9, the Superintendent of Police, Madhubani are hereby directed to pass necessary order regarding the family pension of the petitioner within a period of eight weeks from the date of the presentation of a copy of this order from the side of the petitioner. On the arrears of family pension for delayed payment the petitioner shall be entitled to penal interest at the rate of 5% per annum from the date of due on 11.2.1976 till the date of realisation. They are further directed to calculate the other benefits available to the husband of the petitioner including gratuity etc. within the same period as mentioned above. On issuance of such authorisation order the respondent no. 5 A.G. Bihar shall pass necessary P.P.O. and G.P.O. within a period of four weeks next thereafter.

(2.) AGAIN counter affidavit has been filed for and on behalf of the respondent no..10 regarding non payment of statutory interest uptodate on the G.P.F. amount of the late husband of the petitioner. The reason given is not at all convincing. It has already been held by a Bench of this court that for the purpose of G.P.F. amount no formal application is necessary. In that way when the petitioners husband was discharged from service the respondent no. 10 ought to have passed necessary orders for payment of the G.P.F. amount but the same has been passed and payment has been made at a very belated date. In that way the authorisation order passed should include the statutory interest upto the date.

(3.) IN that way respondent no. 10 is hereby directed to collect the authorisation order including upto date statutory interest within a period of eight weeks from the date of presentation of a copy of this order from the side of the petitioner, and the payment should be made available to the petitioner within a period of eight weeks next thereafter.