Created by Fuzzy Cloud

Patna High Court

Zeenat AraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Since all substantive retirement benefits have been paid, the writ petition is disposed, with the petitioner free to approach the District Provident Fund Officer for any unpaid GPF.

Summary

Zeenat Ara filed a writ petition seeking payment of pending General Provident Fund (GPF) amounts, alleging that while her pension, gratuity, leave encashment and group insurance had been paid, certain GPF dues remained unpaid. The State of Bihar countered that the GPF, leave encashment and group insurance had already been sanctioned and disbursed. The court noted that all substantive retirement benefits had been paid and that any residual GPF claim could be pursued before the District Provident Fund Officer. Consequently, the court deemed it appropriate to close the writ petition, granting the petitioner liberty to approach the PF officer for any outstanding GPF amounts. The writ petition was therefore disposed of.

Issues considered

  • Whether the petitioner is entitled to the payment of pending GPF amounts despite the State's claim of full settlement.
  • Whether the writ petition is maintainable when other administrative remedies, such as approaching the District Provident Fund Officer, are available.

Subjects

  • General Provident Fund
  • pension
  • gratuity
  • leave encashment
  • writ petition
  • retirement benefits
  • District Provident Fund Officer

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.11746 of 2023
     ======================================================
     Zeenat Ara Wife of Sayed Zafir Hyder, R/o - 28 ka Tausif Manison Sher Shan
     Colony, Samanpura, Rajabazar, Rukanpura, P.O. B.V College, P.S- Airport,
     Patna, District- Patna.

                                                             ... ... Petitioner/s
                                      Versus
1.   The State of Bihar Through Chief Secretary, Government of Bihar, Bihar at
     Patna.
2.   The Additional Chief Secretary,         Human     Resources    Development
     Department, Govt. of Bihar at Patna.
3.   The Additional Chief Secretary, Education Department, Govt of Bihar at
     Patna.
4.   The Principal Secretary, Education Department, Govt. of Bihar at Patna.
5.   The Director, Secondary Education Department, Govt of Bihar at Patna.
6.   The Principal, B.N.R Training College, Gulzarbagh, Patna.
7.   The Accountant General, Government of Bihar.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Sourav Suman, Advocate
                                   Mr. Pragati Patra, Advocate
     For the State          :      Mr. Umesh Narayan Dubey, A.C. to G.P.- 27
     For the A.G., Bihar    :      Mr. Anand Kumar, Advocate
                                   Ms. Vijeta Kumari, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 30-06-2026

                       Learned Advocate for the respective parties are

      present.

                       2. The counter affidavit has been filed on behalf of

      respondent nos. 5 and 6 with categorical averments that the GPF

      to the tune of Rs. 5,76,492 as well as leave encashment to the

      tune of Rs. 1,98,516/- and group insurance for Rs. 1,42,341

      have already been sanctioned and paid.

                       3. Learned Advocate for the petitioner fairly

      submitted that the pension and gratuity amount has already been
             Patna High Court CWJC No.11746 of 2023 dt.30-06-2026
                                                        2/2




                      paid, however, so far the GPF is concerned, till date the

                      petitioner has been deprived from the payment of GPF with

                      respect to certain periods.

                                      4. Learned Advocate for the State fairly submits

                      that If the petitioner is in a position to show that some amount

                      of GPF has not been paid, he may approach before the District

                      Provident Fund Officer.

                                      5. Having considered the fair submission of the

                      rival parties and taking note of the fact that substantive amount

                      under the retiral benefits have been paid to the petitioner, this

                      Court deems it apt and proper to close the writ petition.

                      However, the petitioner shall be at liberty to approach before the

                      concerned District Provident Fund Officer if certain amounts

                      under the GPF has not been paid till date.

                                      6. With the aforesaid liberty, the present writ

                      petition stands disposed.




                                                  (Harish Kumar, J)
sumit/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date
Transmission Date       NA


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.