- (1.) Counsel for the petitioner submitted that the petitioner is confining this writ petition only for getting General Provident Fund of her husband, who is not traceable since 2nd August, 2003. He left the district Simdega, where the petitioner is staying, for Jammu and Kashmir. The husband of the petitioner was serving with the Union of India since then her husband is not traceable and therefore, now the petitioner is seeking only General Provident Fund amount, which has been deduced from the salary of the husband of the petitioner. Details of this amount is at Annexure-5. The photocopy of the original certificate, issued by the Controller of Defence Accounts (Funds), is with the petitioner. The amount of the General Provident Fund comes to Rs. 49,628/-. This amount is due payable to the petitioner even as per the counter-affidavit, filed by respondent Nos. 1 to 4, on 14th May, 2010 especially, looking to paragraph-7 thereof. The amount which is owned by the husband of the petitioner ought to have been paid by the respondents promptly with statutory interest and when there is no provision of statutory interest, the said amount shall be paid with interest @ 10 % per annum. Counsel for the Union of India submitted that the petitioner has never preferred an application with original copy of GP.F.-DS Statement of Accounts in the department of the respondents. In absence of the aforesaid document, the amount has not been paid to the petitioner.
(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case :- (i) it appears that the husband of the petitioner was employed by the Union of India and he is not traceable since 2nd August, 2003. (ii) it further appears from the facts of the case that the petitioner is confining her prayer only for getting the General Provident Fund amount, which was deducted by the Union of India from the salary of the husband of the present petitioner. (iii) it further appears from Annexure-5 to the memo of the present petition that there are enough details with the respondents with regard to the amount of the General Provident Fund, which comes to Rs. 49,628/-. The said Annexure-5 has been issued by the Controller of Defence Accounts (funds), Defence Accounts Department, Ministry of Defence. It never alleged in the counter-affidavit that Annexure-5 is fabricated document. There are enough details with the respondents about the General Provident Fund amount. The said certificate is issued by the Ministry of Defence and that too by Defence Accounts Department of the respondents. Thus, now the Union of India cannot raise the plea that they did not have such details. They could have verified their own document and accounts, looking to Annexure-5 to the memo of the present petition, which they have not done and they are unnecessarily harping that the widow should present the original copy of G.P.F.-DS Statement of Accounts. The Union of India is already having all the details looking to Annexure-5 and therefore, the contention of Union of India that unless and until the original statements of G.P.F-DS Statement is presented by the petitioner, the amount of General Provident Fund will not be paid to the petitioner. This contention is devoid of any merits. Had any care been taken by the high ranking officers of the Ministry of Defence from Annexure-5, they would have very well paid the General Provident Fund amount, which has been deducted from the salary of the husband of the petitioner. (iv) it appears that the Union of India is in possession of sizeable amount of the husband of the petitioner under General Provident Fund Account. They could have got the copy of General Provident Fund Statement of Account from their own office because Annexure-5 is already on record to the present petition and therefore, It is not necessary for the petitioner-widow to go at the office of Union of India from the State of Jharkhand. High ranking officers of the Union of India should have got an application from the petitioner-widow that the original statement of General Provident Fund account is not available or traceable. This statement could have been taken on oath and on the basis of the record of Controller of Defence Accounts (Funds), Defence Accounts Department, Ministry of Defence, the amount could have been paid much earlier to the petitioner. More care should have been taken by the officers of the Union of India to help the petitioner especially when her husband is not traceable. As a cumulative effect of the aforesaid facts and reasons, I hereby, direct the respondents to make the payment of Rs. 49,628/- to the petitioner with statutory interest within a period of four weeks from the date of receipt of a copy of an order of this Court. This writ petition is allowed to the aforesaid extent with a cost of Rs. 1,000/- (Rupees one thousand only) to be paid by the respondents to the petitioner. This cost will be paid to the petitioner within a period of four weeks from the date of receipt of a copy of an order of this Court.;