Nawinendu Bhushan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21391 of 2018 ====================================================== Nawinendu Bhushan Son of Kripa Nand Sharma Resident of Ganga Vihar Colony, Road no. 2, P.S. Beur, Phulwari, Patna, Bihar, - 800002. ... ... Petitioner

Versus

1.

The State Of Bihar, through the Principal Secretary, Education Department, Vikash Bhawan, Bailey Road, Patna. 2.

The Secretary, Education Department, Vikash Bhawan, Bailey Road, Patna.

3.

The Director Cum Joint Commissioner, Directorate General Provident Fund, Pant Bhawan, Bailey Road, Patna.

4.

The District Magistrate, Patna.

5.

The District Provident Fund Officer, Patna.

6.

The District Programme Officer (Establishment) Distt. Patna. 7.

The Treasury Offiver, Danapur, Patna.

8.

The Principal, Parwati High School, Bikram, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

None For the Respondents :

Smt. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 09-07-2020 This matter has been taken up through video conference.

2. None appeared on behalf of the petitioner yesterday when the matter was called and accordingly the case was passed over. Today once again none is present to represent the petitioner.

3. The following reliefs as formulated by the petitioner have been claimed in the writ petition -- "(i) For direction to the respondent no. 5, the District Provident Fund Officer, Patna to recalculate (a) the

Patna High Court CWJC No.21391 of 2018 dt.09-07-2020 2/3 statutory rate of interest @ 12.5% for the period 198586 (b) July 1985 to 1998-99 (Feb.1999). (a) The differential amount of revised pay w.e.f. 01.04.1997 to 28.02.1999 deposited in G.P.F. Account No. PAT/EDN 586(c) up-to-date interest (i.e. from Jan. 2012 to till the date of issuance of authority slip as contained in Annexure-03). After deducting the payment made. Any amount due to be paid to the petitioner within two months from the date of the order.

(b) For any other order or direction which your Lordships may deem fit and appropriate in the interest of justice, equity and good conscience."

4. Learned counsel for the State refers to paragraphs 6 and 7 of the counter affidavit to submit that the G.P.F. amount was recalculated @ 12.5% and the remaining G.P.F. amount of Rs. 83,793/- was authorized and dispatched to the concerned authority for making payment. It is therefore submitted that the grievance of the petitioner stands redressed at the end of these respondents.

5. In view of the non-appearance of the petitioner and the stand of the respondents in the counter affidavit as aforesaid which has not been disputed as no rejoinder has been filed by the petitioner, this Court is of the view that no purpose will be served by keeping the writ petition pending. The writ petition accordingly stands disposed of with liberty to the petitioner that in case any grievance remains to be addressed, he may file an appropriate

Patna High Court CWJC No.21391 of 2018 dt.09-07-2020 3/3 representation before the concerned authority within a period of three months from today for its disposal.

(Vikash Jain, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10.07.2020 Transmission Date N.A.