MD.MURTUJA HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these batch cases, this Court by order dated 17.7.2007 had directed the District Superintendent of Education, Madhubani, to come out with a clear statement as with regard to the position of payment of G.P.F. of such teachers including the petitioners whose cumulative G.P.F. for the period prior to November, 1976 were not paid even after their retirement for a considerable length of time. The District Superintendent of Education, Madhubani, in compliance of the said order dated 17.7.2007 read with the subsequent order dated 5.9.2007 has today filed a comprehensive supplementary affidavit wherein it has been stated that such G.P.F. dues for the period prior to November, 1976 of the teachers of Madhubani district have been identified and a total number of 83 of them, who have filed their writ applications, have already been either paid the amount or are in the process of being paid. In the same counter affidavit it has been stated that as a matter of fact there are 1362 identified cases of such teachers who have to be paid their G.P.F. amount from their contribution made prior to November, 1976. In this connection, reference has also been made to the letter dated 27.9.2007 written by the District Superintendent of Education, Madhubani, to the Director Primary Education requesting that the amount to the tune of Rs. 3.08 crores should be released for making payment of the G.P.F. dues of such teachers of Madhubani district.

(2.) LEARNED State Counsel submits that State Govt. has received the letter of the District Superintendent of Education, Madhubani dated 27.9.2007 just a week back, therefore, it will take some time for the State Govt. to furnish the requisite amount for making payment of the amount of G.P.F. for the period prior to November, 1976.

(3.) MR . Amarnath Dev, learned Standing Counsel No. 10, appearing for the District Superintendent of Education, has however lodged his caveat that earlier newspaper notices had been issued and on the basis of the response made thereto, cases of 1362 teachers had been identified who are required to be paid their G.P.F. dues for the period prior to November, 1976. It is made clear that the other claimants have not come with their claims in response to the newspaper notices, and thus for the time being the cases of 1362 teachers of Madhubani district would be taken up for their payment of arrears of G.P.F. The State Government must ensure that the required fund for payment of arrears of G.P.F. of those 1362 teachers is made available and paid through the District Superintendent of Education, Madhubani, within the aforementioned time schedule.