Satish Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11569 of 2017 ====================================================== Satish Kumar Singh, Son of Late Bhaginath Singh, resident of Village + P.O.- Maranchi Tinbhaiya Tola, Via Hanthidah, P.S. Maranchi, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Patna Zone, Patna. 4.

The D.I.G. of Police, Central Range, Patna.

5.

The Senior S.P., Patna.

6.

S.P., East Champaran, Motihari.

7.

The District Provident Fund Officer, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Hriday Prasad, Advocate For the Respondent/s :

Mr.Prabhu Narayan Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-05-2020 Heard learned counsel for the petitioner and the respondents.

The petitioner has filed the present writ application for payment of General Provident Fund amount, Insurance amount and leave salary with statutory interest. Learned counsel appearing on behalf of the State with reference to the counter affidavit submits that the petitioner is only entitled to payment of GPF amount and Group Insurance amount and leave encashment is not admissible to him. Mr. Ram Hriday Prasad, learned counsel for the

Patna High Court CWJC No.11569 of 2017(3) dt.21-05-2020 2/3 petitioner has now confined the prayer to the extent of payment of statutory interest.

Considering the limited prayer of the petitioner, the writ application is disposed of with a direction to the respondents to calculate the statutory interest on GPF amount and if up-to-date interest has not been paid till the date of payment, then the respondents shall pay the balance amount of statutory interest.

The counter affidavit filed by the respondents simply indicates that amount of G.P.F. amounting to Rs. 1,47,632/- has been paid through Bill No. 77/19-20 and there is no statement as to when the GPF amount was calculated as Rs.1,47,632/- and as to when actual payment was made. There is no statement as to payment of statutory interest on the GPF amount. Under the aforesaid circumstance, the writ application is disposed of with a direction to the respondents to calculate afresh the statutory interest on GPF amount and provide calculation chart to the petitioner within a maximum period of one month from the date of receipt/production of a copy of this order.

It goes without saying that if any amount is found payable towards the statutory interest on GPF amount, the same

Patna High Court CWJC No.11569 of 2017(3) dt.21-05-2020 3/3 must be paid to the petitioner within the same time along with the calculation chart.

(Anil Kumar Upadhyay, J) uday/- U