CHANDA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) DESPITE the fact that the petitioner superannuated on 31st March, 1995 her provident fund dues with up -to -date interest was not paid. However, till the matter was heard on the last date on 7 -10 -99 the authorisation for payment of provident fund dues were issued but the interest were only calculated up to February 1996. This Court having taken serious view of the matter directed for personal appearance of the District Superintendent of Education and District Provident Fund Officer, Patna -Respondent Nos. 2 and 3. However, it was directed that if the authority letter in regard to aforesaid dues is produced the personal appearance shall stand dispensed with. On the last date i.e. on 11 -10 -1999 no authorisation for interest was issued up to the date of payment. On the request of the learned State Counsel, the matter was adjourned for today. A show cause has been filed on behalf of the District Provident Fund Officer from which it appears that the interest has been calculated up to 31 -8 -1999 and authorisation has been issued on 11 -10 -99 vide Annexure -E/1.

(2.) LEARNED Counsel for the petitioner has submitted that though authorisation has been issued for payment of provident fund dues of the petitioner with interest but the said interest has not been paid for the period October, 1995 to December, 1997. In this regard, learned Counsel for the State has referred to the Government notification under which the amount of interest is not payable in case where applications are not filed within six months during the period thereafter till the application is made. According to the Respondents, application has been filed only on 26 -12 -1997 and as such no statutory interest has been paid on the said amount.

(3.) THIS Court fails to appreciate that as to how under such circumstances a person can be deprived of the interest from due date till the payment has been made. For the fault on the part of the head of the Office or Head of the Department, pensioner cannot be deprived of the interest over the amount which admittedly was retained by the State and be made to suffer on that account. In any view of the matter, it is a fit case where the petitioner should be awarded with penal interest on account of delayed payment, besides heavy cost.