IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.9938 of 2006
DHANESHWARY DEVI, W/o Late Shiva Prasad, Resident of
Village & P.O.- Jhanjharpur, District - Madhubani.
................ Petitioner
Versus
1. THE STATE OF BIHAR
2. The Commissioner-cum-Secretary, Department of Primary
Education, Govt. of Bihar, Patna.
3. The Collector, Madhubani.
4. The District Superintendent of Education, Madhubani.
5. The General Provident Fund Officer, Madhubani.
........... Respondents
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2 30.03.2011 Heard Sri Amarendra Narayan, learned counsel
for the petitioner and Sri Shashi Shekhar Prasad Sinha,
learned A.C. to G.P. No.17, who appears on behalf of
respondent nos. 1 to 5.
The present writ petition was filed on, 17.8.2006
after serving a copy on State. However, till date no counter
affidavit has been filed.
The court is of the opinion that for the purposes
of enabling State for filing counter affidavit it would not be
appropriate to further defer the hearing in the matter.
The present petition has been filed by the
petitioner whose husband died in harness on 11.12.1988,
while posted as Assistant Teacher, Primary School,
Navlakha under Andharathadhi block in Madhubani
district.
It has been prayed to direct the respondents to
make payment of remaining amount of difference of salary
2
deposited in the G.P.F. account between 1.1.1971 to
31.3.1973 with statutory interest.
It has further been submitted that the petitioner
has filed a representation before the authority concerned,
however, till date no decision has been taken.
The petition stands disposed of granting liberty
to the petitioner to file a fresh representation before
respondent nos. 4 & 5 i.e. District Superintendent of
Education, Madhubani and General Provident Fund
Officer, Madhubani, within a period of six weeks, from
today. If such representation is filed, both the respondents
are directed to examine the same and pass appropriate
order redressing the grievances of the petitioner. If
respondents, consider the claim of the petitioner as
genuine, within the aforesaid time, they are required to
make payment of all the dues, alongwith admissible
statutory interest.
The petition stands disposed of.
( Rakesh Kumar, J.)
Praful