SHILA DEVI Vs. STATE

JUDGEMENT

(1.) AFTER having heard the learned counsel for the parties, this writ application is being disposed of at the time of admission itself with the consent of the parties. In this case the prayer of the petitioner is for a direction to the respondent to pay all the provident fund amount with statutory interest. It appears that after filing of this writ application the GPF amount was paid to the petitioner. The petitioner is the widow of the deceased employee who died on 14.4.90 while he was in service and thereafter the petitioner approached the authority for payment of the GPF amount. For the reasons best known to the authority, the payment has not been made to the petitioner. It appears that in the year 1997, the Deputy Director of Industries directed the General Manager, District Industries, Samastipur to take immediate step for the release of the GPF amount, as it appears from the letter contained in annexure -3 to this writ application. It is submitted that during the pendency of this writ application though the GPF amount has been paid yet without interest. Having regard to the fact that the GPF amount has been withheld for more than nine years after the death of the deceased employee, the petitioner is entitled to the interest at the rate of 12 per cent per annum from the date of death till the date of payment alongwith the cost assessed at Rs. 5,000/ -. Both the amount of interest and the cost shall be paid to the petitioner within two weeks from the date of receipt production of a copy of this order. This writ application is accordingly disposed of. Before I part with this order, I must observe that the respondent authority, if so advised, may recover the amount of interest and the cost from the persons responsible for delaying the payment.