SHIVAJEE UPADHAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner claims to be the son of late Ram Pravash Upadhaya, who died in harness while posted as Havildar at Gaya in january, 1973. The grievance of the petitioner is that uptill now the General Provident fund amount: of his late father has not been paid to the petitioner. It is stated that on 7. 7. 78 the Superintendent of Police, Gaya issued authority letter no. 3595 dated 10. 4. 75 for Rs. 2943/- in favour of the deceased employee with a direction to get the amount from Arrah Treasury. Naturally because the authority letter was issued in the name of the deceased person, the treasury Officer returned the same on 14. 3. 81 with a request to re-issue in favour of the legal heir and representative of the said employee. Therefore on 11. 12. 83 the wife of the deceased also died, but the payment of the G. RF. amount was not made. It is stated that since then the petitioner has been approaching the authority in the Accountant General office as well as the Superintendent of Police Gaya, but nobody is paying any heed to his requests for payment of the G. P Fund amount. Only some kind of correspondences are being made.

(2.) A counter affidavit has been filed on behalf of the Superintendent of Police, Gaya (respondent no. 2 ). The aforementioned facts have not been disputed in the said counter affidavit. However, in paragraph 10 it is stated that the G. RFund Account no. of the deceased employee is P-40882 and an intimation in this regard was sent to Senior accounts Officer, Accountant General's office, bihar, Patna through special messenger vide memo no. 1327 dated 28. 11. 94. and that the matter is not pending in his office, any more and no action in required at his level.

(3.) NO counter affidavit has been filed on behalf of the Accountant General.