Uday Krishan Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5466 of 2021 ====================================================== Uday Krishan Lal son of Ram Prasad Lal resident of Mohalla- Mahadevapur, P.S. Masaurhi, District Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan, Bailey Road, Patna.

2.

The Principal Secretary, Road Construction Department, Government of Bihar, Vishweshwaraiya Bhawan, Bailey Road, Patna. 3.

The Engineer in Chief, Road Construction Department, Govt. of Bihar, Patna.

4.

The Superintending Engineer, Road Construction Department, North Bihar Road Circle, Muzaffarpur.

5.

The Executive Engineer, Road Construction Department, Road Division, Sheohar.

6.

The Director, Provident Fund Directorate, Government of Bihar, Patna. 7.

The District General Provident Fund Officer, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Narendra Kumar Singh, Adv.

For the Respondent/s :

Mr. Sushil Kumar, GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-11-2021 Heard the parties.

The grievance of the petitioner is non payment of GPF amount for work charge period. The petitioner retired from the post of Khalasi on 30.06.2020.

Learned counsel for the State submits that in para-12 of the supplementary counter affidavit, the Executive Engineer, Road Division, Sheohar vide his letter no. 4096 dated 27.08.2021 has informed the District Provident Officer, Sitamarhi that the GPF amount for the work charge period is pending due to lack of allotment. He further submits that after allotment of fund, the amount towards GPF shall be paid to the petitioner.

Patna High Court CWJC No.5466 of 2021(4) dt.15-11-2021 2/2 Learned counsel for the petitioner relies upon an order passed by this Court in a case of similarly situated persons of the same department in CWJC No. 12131/2021 along with its analogous cases.

In view of the submissions made by the parties and the fact that the State has taken a stand that after allotment of the fund, the amount towards GPF shall be paid to the petitioner and further in the case of similarly situated writ petitioners, this Court directed the State-Respondents to pay the GPF amount with admissible interest within a period of three months, accordingly, the present writ application is disposed with a direction to the Respondent Nos. 5 and 6 i.e., the Executive Engineer, Road Construction Department, Road Division, Sheohar, the Director, Provident Fund Directorate, Government of Bihar, Patna to pay the GPF amount for the work charge period to the petitioner within a period of three months from the date of receipt/production of a copy of this order. With the aforesaid observation and direction, the present writ application stands disposed of.

(Anil Kumar Sinha, J) perwez U