Lakshmi Marandi Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:
- motor vehicles act, 1988[c.a.no.59/1988] section 166; [a.k. patnaik, cj, a.k. gohil & s. samvatsar, jj] application for compensation for personal injury death of injured claimant subsequently for some other reasons held, claim for personal injury will abate on the death of claimant. claim will not survive to his legal representative except as regards claim for pecuniary loss to estate of claimant. - 5. it is well settled that the provident fund amount is hard earned money of the employee and therefore, immediately after retirement the same is to be paid together with statutory interest.orderm.y. eqbal, j.1. heard the parties.2. petitioner who is widow of late rupu marandi has filed this writ application alleging inter alia that although her husband worked as karamachari from 1945 and retired in 1985 and thereafter died in 1999 but till date provident fund amount has not been paid.3. on the last date i.e., 9.12.2004 this court directed to learned gp-iii to file affidavit and also see that gpf amount together with statutory interest is paid to the widow/petitioner.4. in the counter-affidavit, it is stated that during service period petitioner's husband was transferred from one place to other and then retired from taljhari anchal in 1985. it is stated that it was the duty of the deceased husband of the petitioner to collect the statement of gpf from the concerned offices and to submit it to the circle officer, taljhari. the delay in payment of gpf is not due to the lachies of the respondents but it is due to the latches of the deceased husband. it is also stated in the counter-affidavit that petitioner deserves sympathy being widow of deceased employee and an authority slip for rs. 8547/- has been issued in favour of the petitioner for payment of the gpf amount for the period from 1976 and january 1980 to december, 1984. so far the period from april 1976 to july 1979 and september, 1979 to december, 1979 the gpf amount has not been paid for want of details from jama anchal, dumka.5. it is well settled that the provident fund amount is hard earned money of the employee and therefore, immediately after retirement the same is to be paid together with statutory interest. it is rather surprising that the provident fund officer states that by way of sympathy, petitioner has been paid some amount for the period aforesaid. perhaps the provident fund officer is not aware about his duties as a provident fund officer. it is a serious case of laches and negligence on the part of the respondents.6. i, therefore, dispose of this writ application by passing the following order :(i) respondents shall immediately and forthwith and latest by 29th january, 2005 pay a sum of rs. 50.000/- (rupees fifty thousand) by making account payee cheque in favour of the petitioner.(ii) the district provident fund officer is directed to collect all details from all the offices where the petitioner's husband, was posted and thereafter calculate total provident fund amount and also add interest at the rate of 18% per annum and issue cheque for the said amount after deducting rs. 50,000/-, as expeditiously as possible and not later than 28th february, 2005.7. if the respondents particularly the district provident fund officer fails to comply this order then the petitioner shall immediately bring it to the notice of this court by filing an application for initiation of contempt proceeding against the concerned respondent.8. with the aforesaid observation, this writ application is disposed of.

Judgment:
ORDER

M.Y. Eqbal, J.

1. Heard the parties.

2. Petitioner who is widow of late Rupu Marandi has filed this writ application alleging inter alia that although her husband worked as Karamachari from 1945 and retired in 1985 and thereafter died in 1999 but till date provident fund amount has not been paid.

3. On the last date i.e., 9.12.2004 this Court directed to learned GP-III to file affidavit and also see that GPF amount together with statutory interest is paid to the widow/petitioner.

4. In the counter-affidavit, it is stated that during service period petitioner's husband was transferred from one place to other and then retired from Taljhari Anchal in 1985. It is stated that it was the duty of the deceased husband of the petitioner to collect the statement of GPF from the concerned offices and to submit it to the Circle Officer, Taljhari. The delay in payment of GPF is not due to the lachies of the respondents but it is due to the latches of the deceased husband. It is also stated in the counter-affidavit that petitioner deserves sympathy being widow of deceased employee and an authority slip for Rs. 8547/- has been issued in favour of the petitioner for payment of the GPF amount for the period from 1976 and January 1980 to December, 1984. So far the period from April 1976 to July 1979 and September, 1979 to December, 1979 the GPF amount has not been paid for want of details from Jama Anchal, Dumka.

5. It is well settled that the provident fund amount is hard earned money of the employee and therefore, immediately after retirement the same is to be paid together with statutory interest. It is rather surprising that the Provident Fund Officer states that by way of sympathy, petitioner has been paid some amount for the period aforesaid. Perhaps the Provident Fund Officer is not aware about his duties as a Provident Fund Officer. It is a serious case of laches and negligence on the part of the respondents.

6. I, therefore, dispose of this writ application by passing the following order :

(i) Respondents shall immediately and forthwith and latest by 29th January, 2005 pay a sum of Rs. 50.000/- (rupees fifty thousand) by making account payee cheque in favour of the petitioner.

(ii) The District Provident Fund Officer is directed to collect all details from all the offices where the petitioner's husband, was posted and thereafter calculate total provident fund amount and also add interest at the rate of 18% per annum and issue cheque for the said amount after deducting Rs. 50,000/-, as expeditiously as possible and not later than 28th February, 2005.

7. If the respondents particularly the District Provident Fund Officer fails to comply this order then the petitioner shall immediately bring it to the notice of this Court by filing an application for initiation of contempt proceeding against the concerned respondent.

8. With the aforesaid observation, this writ application is disposed of.