The court emphasized the ethical and legal obligation of the State administration to ensure the timely payment of retiral benefits to government servants, highlighting the widespread issue of non-payment as unethical, illegal, and a matter of public concern.

Ravi S.Dhavan, J.

1. A Circle Officer, Makdumpur, Jehanabad, has faced contempt proceedings. He has been held guilty for committing contempt and faces conviction with simple imprisonment for three days. This order was passed in a proceeding which arose out of a writ petition filed by Md. Aslam Khan and along with him six others. They are his brothers, sisters and his mother, all heirs of one Md. Hasim.

2. Why the writ petition and who is Md. Hasim are relevant. Md. Hasim was Appointed as a clerk at Gaya Collectorate in 1955. He died in 1988 as a Nazir at Makdumpur Circle Office, Jehanabad. He lad yet two years of service left.

3. Between 1988 and as of this year, i.a, 2003 for 15 years, the arrears of his provident fund eluded his heirs. For 15 long years the legitimate dues of this retired employee and after his death retiral benefits which provident fund is, was not paid. The heirs should not have been brought to the brink of filing a writ petition, 15 years later to seek a relief that provident fund due to their father be paid to the widow and other heirs being sons and daughters.

4. The learned Judge was not pleased that for 15 years the provident fund remained unpaid and even after issue of notice an exercise was still being carried on to quantify the provident fund, perhaps, to locate its deposit and the records which unless all put together the likelihood of the provident fund being paid seemed remote. The directions issued as ad interim orders to work on the exercise to process the payment of provident fund appeared to be receiving some resistence. Apathy to work on the exercise seriously was one factor.

5. The counter affidavit which was filed in reply makes no graceful acknowledgment that the provident fund has not been paid for 15 years but offers mundane excuses that a certain form 73 and memo no. 750 were not on record and that the record was shuttling between the authorities known as A.G. B.T.D.P.F.O. and E.D.C and ultimately when year 2000 came between the state administration and the Accountant General Bihar, there is a reference to drawing and disbursing officers and a reference to records in other offices as if an exercise on "proper verification" was put into motion and then there is some defence taken that "In this regard, the direction issued by the Chief Secretary, Bihar vide letter no. 3692/F (2) dated 9.6.03 addressed to all Commissioner and Secretaries, all Head of Department, all Subdivision Commissioner, all District Magistrate and all District Provident Fund Officer with regard to the delay disposal in the matter of final withdrawal from provident fund". In paragraph 13 it is stated that "it is thus clear from the efforts made by this respondent that no stone has been left unturned though the result is not very bright". This respondent is an Executive Magistrate, Jehanabad Collectorate holding an additional charge of District Provident Fund Officer, Jehanabad. He emphaises that he was taken charge only 22 April, 2003.

6. This respondent also says that "unless the final drawal from A.G.B.T. all deductions statement are received to the District Provident Fund Officer, this respondent is helpless in issuing the authorty slip as demanded. This is to further (sic) stated that should the above required papers be made available to this respondent, the required authority slip shall be issued without any further delay". This counter affidavit also continues to state that "the delay and the inconvenience caused which is definitely unintentional is sincerely apologized unconditionally on the part of this respondent".

7. The man who was to be paid his provident fund is dead. The heirs have waited for 15 years to receive their dues which were due to their father (or husband) and yet the counter affidavit takes the defence that it will yet take some more time to gather the papers to process the provident fund.

8. It is not surprising that the learned Judge drew up contempt proceedings. The conscience of t