Bijendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8909 of 2015 =========================================================== Bijendra Kumar Singh aged about 62years Son of Late Kamala Prasad Singh resident of Satyendra Nahar (In front S.B.I. ) ward no. 3, Aurangabad, P.S. Aurangabad, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, water resources Department Sinchai Bhawan, Patna.

2. The Secretary, Minor Water Resources Department, Sinchai Bhawan, Patna.

3. The Chief Engineer, Minor Water Resources Department, Muzaffarpur.

4. The Superintending Engineer, Minor Irrigation Circle, Muzaffarpur.

5. The Executive Engineer, Minor Irrigation Division, Sitamarhi.

6. The Director, Provident Fund Directorate, Pant Bhawan, Patna.

7. The District Provident Fund Officer, Sitamarhi.

8. The Under secretary, Finance (P.C.F.C) Department, Patna.

9. The Accountant General Bihar, Birchand Patel Path, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-11-2015 Heard learned counsel for the parties.

Respondents no. 3 to 7 are also present.

Pursuant to order dated 12.10.2015, supplementary counter affidavits have been filed on behalf of respondents no. 3 to 5, 6 and 7 as also 8. The stand taken in the same is that all admissible dues of the petitioner have been paid except for GPF for which also calculation has been made which comes to about Rs. 8,00,000/- but as the petitioner has not signed on the final withdrawal form, the same has not been paid to him. It is submitted that the form was sent by Special Messenger to sign but he refused to do so.

Patna High Court CWJC No.8909 of 2015 dt.06-11-2015 2/2 At this stage, without going into the veracity of such stand of respondents, learned counsel for the petitioner agrees that the form for final withdrawal of GPF shall be duly filled and signed by the petitioner whenever it is sent to him for such purpose. As far as the matter relating to computation of pension is concerned, the petitioner shall appear before the respondent no. 5 within four weeks from today along with a copy of this order where all formalities required shall be completed and thereafter the same shall be forwarded to the Accountant General in accordance with law within two weeks. The Accountant General upon receipt of such sanction order shall issue authority slip within the next two weeks.

In view of the aforesaid, the writ petition stands disposed off with a direction to the respondent no. 5 to send the papers relating to final withdrawal of GPF to the petitioner within two weeks from today and upon the same being sent by the petitioner, it shall be ensured that actual payment is also made within the next two weeks.

The respondents no. 3, 4, 5, 6 and 7 assure that the aforesaid directions of the Court shall be complied with. Their appearance stands dispensed with.

(Ahsanuddin Amanullah, J.) P. Kumar U T