SHAHIDA HASAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, Petitioner, who joined the service as Medical Officer under Health Department, Government of Bihar on 15.7.1981 and ultimately resigned from the said service which was accepted by the State Government with effect from 21.1.1995, is aggrieved on account of nonpayment of the amount of gratuity, full pension, G.P.F., group insurance, leave encashment and arrears of salary.

(2.) A counter affidavit has been filed on behalf of the Commissioner -cum -Secretary, Health Department, Government of Bihar, Patna (Respondent No. 2), in which it is stated that f the claim of pension and gratuity etc. are not admissible and decision in this regard has been communicated to the Petitioner vide letter No. 937(2) dated 30.4.2003, a photostat copy whereof has been annexed as Annexure -A to the counter affidavit. The validity of the said order (Annexure -A) has been challenged in the supplementary affidavit filed by the Petitioner in this writ petition. As regards the amount of group insurance, it is stated that draft of Rs. 38,659/ - has been handed over to the learned Counsel for the Petitioner on 13.5.2003. With respect to the arrears of salary it is stated that as per the report of the Civil Surgeon, Patna based on his office records, the Petitioner has already been paid her due salary for the period she was on duty.

(3.) IT would be appropriate at this stage to quote Rule 101(a) of the Rules. 101(a) Resignation of the public service or dismissal or removal from it for misconduct, insolvency, inefficiency not due to age, or failure to pass a described examination entails forfeiture of past service. I failed to appreciate as to how Rule 101(a) can deprive a pensioner of his G.P.F. in case of resignation of the public service Rule 101(a) provides only for forfeiture of past service on account of which one may not be entitled for pension, gratuity and leave encashment, but the said provision has got nothing to do with G.P.F. The amount of contribution deducted from the salary and deposited in his G.P.F. account under the Rules is part of salary paid for the work taken and forfeiture of past service under Rule 101(a) cannot have any bearing over such account. In my opinion, a Government servant on his retirement/resignation/dismissal/removal cannot be denied of his G.P.F. amount, and, accordingly, this Court directs the Respondent No. 2 to issue sanction order within a week, whereupon the concerned District Provident Fund Officer shall issue authority for the same with up -to -date statutory interest within a week.