Sadan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10988 of 2016 ======================================================

1. Sadan son of Late Umesh Chandra Resident of Mohalla- Maurya Vihar Colony, PS, Phulwari Sharif, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The State of Bihar through the Engineer-in-chief cum Special Secretary, Rural Work Department, Government of Bihar, (Patna). 3.

The Joint Secretary, Road Construction Department, Bihar, Vishwesharaiya Bhawan, Patna.

4. The Deputy Secretary, RWD, Government of Bihar, Patna.

5. The Executive Engineer, Local Area Engineering Organisation work Division-I, Bhagalpur.

6. The Accountant General, Bihar, Patna.

7. The District Provident Fund Officer, Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Respondent/s : Mr. Rajesh Singh- GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-08-2017 The petitioner is permitted to implead District Provident Fund Officer, Patna as respondent No. 7 of this petition in course of the day.

A counter affidavit has been filed on behalf of respondent No. 6.

Heard the parties.

Counter affidavit filed on behalf of respondent No. 5 goes to show that almost all the admitted dues have already been paid to the petitioner except arrears of salary amount to Rs. 13,7,480/- approximately for the period 01.10.2011 to 30.01.2013. The respondent No. 5 has averred in the counter affidavit that

Patna High Court CWJC No.10988 of 2016 (4) dt.19-08-2017 2/2 correspondence has already been made to Department of Planning and Development, Government of Bihar, Patna for grant of extra fund for payment of aforesaid arrears of salary. Learned counsel for the petitioner submits that the G.P.F. amount of the petitioner has been calculated by the department to the tune of Rs. 4,62, 726 whereas the actual calculation is near about Rs. 8,00,000/- In view of the aforesaid facts and circumstances, this petition stands disposed of giving direction to respondent No. 2 to ensure the payment of above stated arrears of salary of the petitioner within three months from the date of receipt/production of copy of this order and furthermore, the respondent No.7 is directed to recalculate the G.P.F.

amount of the petitioner within the above stated period of three months and give information to the petitioner regarding the recalculation of G.P.F. amount within the above stated period of three months and furthermore, if any, amount is found due, the respondent No. 7 shall ensure the payment of the aforesaid amount to the petitioner. However, petitioner should file representation before respondent No. 7 within three weeks from today.

(Hemant Kumar Srivastava, J) Vats/- U