Court No. - 58
Case :- WRIT - A No. - 9246 of 2018 Petitioner :- Smt. Padma Tiwari Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order dated 4.9.2017, contained in Annexure-8 to this writ petition, whereby the respondents have restricted payment of interest upon the provident fund amount payable to the petitioner only for a period of an year.
Petitioner is the widow of late Ashok Kumar Tiwari, who was an Assistant Teacher in Narhari Baba Inter College Karn Chhapra, Ballia. Husband of petitioner died on 14.4.2014 as he was suffering from Cancer. The GPF dues, which were due and payable to the deceased have been released to the petitioner in 2015. The amount of GPF has been released to the petitioner by restricting the payment of interest only for a period of one year. It is contended that interest is payable upon the amount of GPF deposited as per the scheme for the entire period and interest cannot be restricted only for a period of one year, as has been done by the order impugned.
While entertaining the writ petition, following orders were passed on 2.4.2018:-
"Civil Misc. Amendment Application No. NIL of 2018. Heard learned counsel for the parties.
Amendment Application is allowed.
Petitioner is permitted to carry out the amendment within three days.
Grievance of the petitioner is that though the amount of provident fund was duly deducted and she was entitled to interest upon it, but such payment of interest is unauthorizedly restricted only to one year. Submission is that interest is liable to be paid for the entire period when such amount remained in deposit.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 9th April, 2018."
Matter has been adjourned on subsequent occasions and instructions have been received from the District Inspector of Schools, Ballia. The instructions, however, do not answer the issues raised by petitioner. There is no justification brought on record as to why the payment of interest shall be paid upon the amount deposited only for a period of one year. The claim of petitioner has not been examined with reference to the applicable Rules of 1985 or any other rule/scheme which may be applicable.
Since no reason has been given as to why interest to petitioner would be denied upon the GPF deposit, the order impugned cannot be sustained. The order dated 4.9.2017 is, accordingly, quashed.
The matter is remitted back to the Deputy Director of Education, Azamgarh Region, Azamgarh to reconsider the issue in light of the application provisions of law, by a speaking order. The required consideration shall be made within a period of two months from the date of presentation of certified copy of this order. The amount of interest found due and payable to petitioner shall be released, within a further period of six weeks, thereafter.
Writ petition is, accordingly, disposed of.
Order Date :- 25.4.2018 Anil