CHHOTI PANDITA Vs. STATE

JUDGEMENT

(1.) Petitioner through the medium of this petition seeks a direction to the Respondents to settle and release the payment of G.P. Fund accrued to her deceased husband who was working with Respondent No. 2. It is contended that husband of the Petitioner retired on 31.07.1986 and the subscription made by him upto 1985 in the GP Fund Account No. l5276-SM has not been incorporated in the superior service. It is contended that while working as Class IV he was allotted Account No. l5276-SM under head inferior service and lateron, on his promotion as Patwari, he was allotted Account No. 2372-SK under head superior service. He represented the authorities concerned and strived hard for his dues i.e. Rs. 4937/- as Patwari and Rs. 3822/- as Class-IV employee. Unfortunately on 20.01.2001, the husband of the Petitioner expired and the Petitioner being the legal heir of the deceased approached the Respondents for release of the said dues but without any fruits.

(2.) Respondents were put to notice. Respondent No. 4 has filed reply and other Respondents have chosen not to file the same. It is contended by Respondent No. 4 that on contributing to G.P. Fund (superior) by the Petitioner, the subscriber was allotted Account No. 2372-IK by the Office of the answering Respondent and on retirement from service the final refund case was settled and the final payment of Rs. 4937/- was authorized in his favour at Sapore Treasury through Drawing and Disbursing Officer vide letter dated 05.05.1989. It is further contended that the authority issued by the office of the answering Respondent has not been operated upon by the Ex-Engineer Irrigation Division, Sopore within the prescribed period of six months for unknown reasons and was requested vide letter dated 24.05.1994 to return the same to the office of the answering Respondent with a non-drawal certificate, so that the same could be re-validated. It is also stated by the said Respondents that the subscription contributed by the deceased under Account No. l5276-SM has not been incorporated in his superior GP Fund Account No. 2372-IK maintained by the office of the answering Respondent. It is also contended that the Accounts Officer, District Fund Office Class-IV Wing, Baramulla be directed to authorize the payment of GP Fund accumulation stood to the credit of the deceased subscriber under Account No. l5276-SM if not already done and answering Respondent has not withheld the claim of the deceased husband of the Petitioner.

(3.) I have heard learned Counsel for the parties and perused the record.