PARMANI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Counsel for the petitioner submitted that the petitioner is confining this writ petition only for getting General Provident Fund of her husband, who is not traceable since 2nd August, 2003. He left the district Simdega, where the petitioner is staying, for Jammu and Kashmir. The husband of the petitioner was serving with the Union of India since then her husband is not traceable and therefore, now the petitioner is seeking only General Provident Fund amount, which has been deduced from the salary of the husband of the petitioner. Details of this amount is at Annexure-5. The photocopy of the original certificate, issued by the Controller of Defence Accounts (Funds), is with the petitioner. The amount of the General Provident Fund comes to Rs. 49,628/-. This amount is due payable to the petitioner even as per the counter-affidavit, filed by respondent Nos. 1 to 4, on 14th May, 2010 especially, looking to paragraph-7 thereof. The amount which is owned by the husband of the petitioner ought to have been paid by the respondents promptly with statutory interest and when there is no provision of statutory interest, the said amount shall be paid with interest @ 10 % per annum. Counsel for the Union of India submitted that the petitioner has never preferred an application with original copy of GP.F.-DS Statement of Accounts in the department of the respondents. In absence of the aforesaid document, the amount has not been paid to the petitioner.

(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case :-