ANNAPURNA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who superannuated from the post of Head Mistress' Adarsh Balika Middles School, Ranchi, Dencai on 31-3-1992 has prayed for issuance of an appropriate writ order or direction id the nature oT mandamus commanding the respondents to make payment of post retirement benefits, such as full pension including dearnass reliefs payable on pension Group Insurance amount/G P.F. amount and other entitlement payable to the petitioner with interest from the date af bar retirement.

(2.) In short, the case of the petitioner is that she was appointed as an Assistant Teacher on 1-3-1955 and after service in different scales she superannuated from the post of Head Mistress on 31-3-1992. The petitioner claims 'that during bar aforesaid long service she worked to the utmost satisfaction of higher officers and there is no proceeding pending against her! It is stated that the petitioner submitted her pension papers along with the required documents and also application for payment of aforementioned. retirement benefits including unutilised leave salary before the superintendent of Education, Rancbi on 14-5-92. Acceding to the petitioner as per various orders of the Government of Bibar she was entitled to get pension of her post retiral benefits on 1st day of the mouth following the month in which she superannuated without any delay and harassment It is also stated that the Government of Bihar in its circular, contained in memo No. 3155 dated 7-11-81 a'so provided for payment of interest on delayed payment of retiral benefits at the prescribed rate for the period beyond three moths after the date of retirement till the end of the month preceding the month in which the payment of final pension/gratuity etc are actually made. The petitioner has stated that after a lapse of about more than a year she has been paid only the amount of unutilised leave salary and provisional gratuity and pension without the amount of dearness relief payable on pension from the date of retirement till October, 1993 But even the payment of provisional pension has been stopped with effect from November, 1993 without assigning any reason and also without affording an opportunity to be heard by the District Superintendent of Education (respondent No. 2, It is, alleged that despite several requests, the respondents, specially respondent No. 2 is not paying any deed and intentionally delaying the payment of her retiral benefits. She is in dire deed of money for her subsistence in life as there is no other means after her retirement, which has forced her to approach this Court for appropriate direction for payment of her legal dues.

(3.) Separate counter affidavits have been filed on behalf of the District Superintendent of Education, District Provident Fund Officer and the Accountant General (respondent Nos. 2,3 and 4 respectively). In the counter affidavit filed on behalf of respondent No 3 it is stated that the office of respondent No 3 started functioning from 1-4-86 and there is nothing in the said office of the period prior to1'-4-86. According to the said respondent all accounts of service papers viz G P F etc. of the petitioner were maintained by the District Superintendent of Education, Rancbi (respondent No. 2). Respondent No. 3 neither received any petition for final withdrawal of the G P.F. amount, nor any balauce sheet on the basis of which Authority Slip could be issued to the petitioner. It is further stated that respondent No. 3 requested the Superintendent of Education to send the petition for final withdrawal of the G.P.F. and the balance sheet vide memo No. 1799 dated 16-1-94 and as soon as the same is received, the Authority Slip would be issued to the petitioner.