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Patna High CourtCWJC/18334/2017disposed

Dhananjay Sharma v. The State Of Bihar And ORS

2020-07-09Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18334 of 2017 ====================================================== Dhananjay Sharma son of Late Abhiram Singh, R/o- Gorakhri, P.O.- Gorakhri, Via- Bikram, P.S.- Bikram, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Education Department, Vikash Bhawan, Bailey Road, Patna. 3.

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

4.

The District Provident Fund Officer, Patna.

5.

The District Programme Officer Establishment, District- Patna. 6.

The Treasury Officer, Danapur, District- Patna. 7.

The Head Master Cum Drawing and Disbursing Officer, Madan Dhari, High School, Bikram, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Sharma For the Respondent/s :

Mr.Madhaw Prasad Yadav -GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 09-07-2020 The Court proceeding has been conducted through virtual mode.

None appears for the petitioner. However, learned GP 23 is appearing on behalf of the respondents.

The present writ application has been filed for grant of following relief stipulated in paragraph 1 of the writ application, which reads as follows: - "That this writ petition is for issuance of a direction to the respondents/authorities to pay 2700=00

Patna High Court CWJC No.18334 of 2017 dt.09-07-2020 2/3 Rupees with interest from March 1985 to till the date of issuance of authorities slips which is wrongly deducted as advance in March 1985 by Respondent No. 4 and also for payment of admissible Rate of Interest 12.5% from July 1985 to Feb. 1999 and interest from the date of retirement to till date of issuance of authority as contained in Annexure-1 to this writ petition. And/or pass such other order or orders under the facts and circumstances of the case."

It is submitted by learned counsel for the respondents State that the entire claim of the petitioner has been paid as the same gets reflected from the stand taken in paragraph nos. 5 and 7 of the counter affidavit filed on behalf of respondent nos. 3 and 4, which read as follows:- "5. That the earlier vide authority letter no. 1456 dated 25.10.2016 the petitioner had been authorized GPF amount amounting to Rs. 4,99,521/- (Rupees Four Lac Ninety Nine Thousand Five Hundred Twenty One Only) along with prescribed interest thereon.

7. That on the basis of the aforesaid letter, the present respondent made Re-calculation of the GPF amount of the petitioner and subsequently authorized the remaining GPF amount including the amount of Rs. 2700/- vide authority letter bearing no. 778 dated 22.06.2018 amounting to Rs. 1,01,446/- (Rupees One Lac One Thousand Four Hundred Forty Six Only) alongwith interest thereon and dispatched the same to the D.D.O. MADANDHARI G.H.S. BIKRAM for

Patna High Court CWJC No.18334 of 2017 dt.09-07-2020 3/3 making payment of the authorized amount."

Similar is the stand taken in the counter affidavit filed on behalf of respondent no. 5.

Both the counter affidavits have been filed in January, 2020, however, no reply to the same has been filed on behalf of the petitioner.

Considering the above stand of the respondent authorities in their respective counter affidavit, this writ application is disposed of. However, if the petitioner will have any grievance, he will be at liberty to file representation before the appropriate authority.

(Dinesh Kumar Singh, J) anil/- AFR/NAFR CAV DATE Uploading Date Transmission Date