# of their Judgeship in accordance with G.O. No. Sa-4-A.G.-57/X-84-510-84, dated

- **Citation:** C.L. No. 11 /IV-1483/Admn
- **Court:** Allahabad High Court
- **Decided:** 2002-02-25
- **Case number:** C.L. No. 11 /IV-1483/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/of-their-judgeship-in-accordance-with-g-o-no-sa-4-a-g-57-x-84-510-84-dated-162026
- **Pages:** 2

## Text

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C.L. No. 11 /IV-1483/Admn. (A) Dated 25th February, 2002
Accountability of the District Judges in the matter of payment of 90% of G .P. Fund
as well as preparation and maintenance of G.P. Fund pass-Book of Judicial Officers
of their Judgeship in accordance with G.O. No. Sa-4-A.G.-57/X-84-510-84, dated
26.12.84 and General Provident Fund (Uttar Pradesh) (Second Amendment) Rules,
2000.
I am directed to say that Court‟s C.L. No. 22/ IV-l20l/General/Admn.(A)/dated
6.9.99 (Copy enclosed), was issued to All the District Judges, subordinate to this Court
with a view to get application in form 425-A of retiring Judicial Officers completed in
each and every respect, submitted to this Court along with their G.P. Fund pass-Book
prepared from the financial year 1985-86 and calculation sheets of their G.P. Fund in
accordance with G.O. No. Sa-4-A.G.-57/X-84-510-84, dated 26.12.84 and rule 24 of G.P.
Fund (U.P.) Rules 1985 for sanction of 90% of their G.P. Fund even before retirement to
enable them to receive 90% of G.P. Fund on their retirement. In the above referred
Court‟s C.L. dated 6.9.99, it was also made clear that if the G.P. Fund Pass Book of any
Judicial Officer had not been made, then it could be prepared with the help of Annual
Statement of his G.P. Fund for the financial year 1984-85 issued by Accountant General
U.P., Allahabad and salary statement of his G.P. Fund duly verified by concerned
Treasury Officer from March 1985 till the month of preparation of his G.P. Fund PassBook.
Later on, the importance of preparation and maintenance of G.P. Fund Pass-Book
of All Judicial Officers working in the Judgeship was again brought to the notice vide
Court's Letter G.L. No. 14026/IV-1142/General/Admin.(A)/dated 13,10.2000 (copy
enclosed), attaching therewith copy of letter No. Nidhi-74/117, dated 16.5.2000 of the
office of Accountant General (A&E) II, U.P., Allahabad, wherein it was requested to this
Court that the payment of 90% of G.P. Fund must be sanctioned on the basis of balance,
available in G.P. Fund Pass-Book and for payment of residual amount of G.P. Fund, the
G .P. Fund Pass Book (complete in each and every respect) along with calculation
sheets of G.P. Fund of retiring/retired subscriber. Accountant General U.P., Allahabad,
had further informed in their above-mentioned letter dated 16.5.2000 that they would not
entertain the matter of payment of residual amount of G.P. Fund without G.P. Fund PassBook. Therefore, Learned District Judges were requested, vide above referred Court G.L.
dated 13.10.2000 to ensure preparation of G.P. Fund Pass-Book of All Judicial Officers
working in their Judgeship in accordance with G.O. No. Sa-4-A.G.-57/X-84-5l0-84,
dated 26.12.84 and Court‟s C.L. dated 6.9.99, so as to get their G.P. Fund Account
straight without any difficulty as well as 90% sanctioned by this Court.
Now by bringing amendment in Rule 24 of G.P. Fund (U.P.) Rules 1985,
Government of U.P., Lucknow, vide General Provident Fund (Uttar Pradesh) (Second
Amendment) Rules 2000 has directed that concerned Drawing and Disbursing Officer to
prepare calculation sheets of G.P. Fund of retiring subscriber on proforma Parishistha-2,
of the current year as well as five preceding financial years in triplicate and forward two
sets of calculation sheets along with G.P. Fund Pass Book to the sanctioning authority
alongwith his proposal for sanction of 90% of G.P. Fund of retiring subscriber duly
recommended by senior most Accounts Officer of the Establishment/Treasury Officer of
the District without waiting for application in Form 425-A of retiring subscriber, if he
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does not submit the same. As such, it is very important that G.P. Fund Pass-Book of
Judicial Officers are prepared and maintained in judgeship by Bill Clerk/Accounts Clerk
of concerned Judgeship under signature and seal of the District Judge. Further the process
for obtaining application in Form 425-A from retiring Judicial Officers up dating his G.P.
Fund Pass-Book and preparation of calculation sheets of his G.P. Fund must start prior to
six month of his retirement in the Judgeship and complete set consisting all the
documents be submitted to enable for obtaining orders sanctioning 90% of G.P. Fund by
the Court prior to retirement.
Besides, the above stated facts, the Court has been pleased to observe that
imperative instruction are embodied in various Government orders that 90% G.P.F.
payment has necessarilly to be made within one month after the retirement/death of the
Subscribers. This Court has also directed to draw the attention of the District Judges on
the decision of the Apex Court rendered in Gorakhpur University & Others. Vs. Dr.
Shitla Prasad & Ors. JT 2001 (6)SC 285, the quintessance of which is abstracted
below:-
"This Court has been repeatedly emphasising the position that pension and
gratuity are no longer matters of any bounty to be distributed by Government but
are valuable rights acquired and property in their hands and anydelay in
settlement and disbursement whereof should be viewed seriously and dealt with
severely by imposing penalty in the form of payment of interest..... Such is the
position with reference to amounts due towards provident Fund..........."
While observing that avoidable delay in settlement of post retiral benefits of
Judicial Officers many a times is attributable to District Judges the Court has decided that
an imperative instruction should be issued to all the District Judges by way of circular
that any lapse or consequent avoidable delay in initiating steps and furnishing details will
not be brooked and the concerned District Judge shall be held accountable and this will
rebound to their discredit reflecting on their effective supervision of the Judgeship.
I am, therefore to request you kindly to ensure submission of complete G.P. Fund
Pass-Book and calculation sheets of G.P. Fund of retiring Judicial Officer prior to their
retirement with your proposal in the capacity of Drawing and Disbursing Officer of the
Judgeship for sanction of 90% of his G.P. Fund duly recommended by the Treasury
Officer of the District to this Court in accordance with General Provident Fund (Uttar
Pradesh) (Second Amendment) Rules 2000 and G.O. No. Sa-4-775/X-2000 dated
17.11.2000 so as to enable this Court to sanction 90% of G.P. Fund of retiring Judicial
Officer prior to his retirement and in other cases i.e., death etc. without any avoidable
delay,
G.L. No. 6191 /Ve-67/ Admn. (D) / dated 25th April, 2002
Proper maintenance of the G.P.F. Pass-Book of class III and other superior leval
Government Servants.
I am directed to send herewith a copy of D.O. Letter No. Nidhi-74/126/TR-39(7),
dated 15.2.2002 from Sri P.P. Pant, Deputy Accountant General, Office of the
Accountant General (A and E)-II, Uttar Pradesh, and Uttranchal, Allahabad for
information and necessary action in the matter.