S.J.MUKHOPADHAYA,J. - (1.) ACCORDING to the petitioner, his father late Munilal Singh was in the service of the District Board, Sahebganj and died in harness on 24th May, 1995.
(2.) HIS grievance is that though in terms with the provisions of Bihar Government Servant Compulsory Group Insurance Rules, 1979, the respondents deducted the requisite amount from the salary of his father, but alter his death they have not paid the G.P.F. gratuity and group insurance amount. The arrears of salary of certain period are also stated to have not been paid to him. Counsel for the petitioner relied on a decisions of the Patna High Court in the case of Chameli Khatoon v. State of Bihar and Ors., vide CWJC No. 9906 of 1998, disposed of on 27th January, 2001 and submitted that if the respondents deducted the amount of premium from the salary towards Group Insurance but not deposited the same with the Insurance Company, the incumbent/family members of such incumbent cannot suffer for the same. They are entitled for the full benefit including the statutory, interest in accordance with the guidelines issued by the State.
(3.) IN the facts and circumstances, as the matter requires determination by respondents at the first instance, the case is remitted with a liberty to the petitioner to approach the Chief Executive Officer. District Board, Sahebganj, who will ensure payment of admitted to G.P.F., gratuity and group insurance amount including other dues, if any, in favour of the legal heir of the deceased Munilal Singh, if not yet paid, within two months from date of receipt of such representation, as may be preferred by the petitioner.;