Krishna Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21936 of 2018 ====================================================== Krishna Kumar son of Jai Narayan Singh, Resident of Village- Sikaria, P.O.- Amhara, P.S.- Bihta, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

The Director cum Joint Commissioner, Directorate General Provident Fund, Pant Bhawan, Bailey Road, 4.

The District Magistrate, Patna.

5.

The District Provident Fund Officer, Patna.

6.

The District Programme Officer Establishment, Patna. 7.

The Treasury Officer, Danapur, Patna.

8.

The Head Master, Dhanush Dhari High School Moriyawa, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Sharma, Advocate.

For the Respondent/s :

Mr. Madhukar Mishra, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-11-2022 Heard Mr. Ghanshyam Sharma, learned counsel for the petitioner and Mr. Madhukar Mishra, learned AC to SC-16 for the State.

A counter affidavit has been filed on behalf of the respondent no. 6, the same is taken on record. The present application has been filed seeking a direction upon the respondents especially respondent no. 5, the District Provident Fund Officer, Patna to ensure the payment of statutory rate of interest at the rate of 12.5% over the due amount over the period of 1985-86 to 1998-99, apart from the

Patna High Court CWJC No.21936 of 2018(2) dt.16-11-2022 2/3 payment of any other outstanding due amount.

By referring to the statements made in the counter affidavit, learned counsel for the respondent submits that the petitioner was superannuated on 30.06.2010 from the post of Assistant Teacher from Dhanushdhary Sarvodaya High School, Moriyawan, Patna and an amount of Rs. 7,99,014/- stood paid to him under the head of GPF on 24.07.2010 itself. It is further submitted that the deduction statement of GPF of the petitioner from July 1985 to September, 1985 has also been sent to the District Provident Fund Officer, Patna vide letter no. 8432 dated 25.10.2019.

At this stage, learned counsel for the petitioner submits that though the substantive amount under the head of GPF has been paid to the petitioner but only with the interest of 10% though the petitioner is entitled for 12.5% of statutory interest over the due GPF amount along with up to date interest. Regard being had to the submissions made on behalf of the parties, this writ application is disposed of with a direction to the District Provident Fund Officer, Patna to ensure the payment of the admissible interest over the due amount, apart from any other outstanding due amount under the head of GPF, if not paid, preferably within a period of eight weeks from

Patna High Court CWJC No.21936 of 2018(2) dt.16-11-2022 3/3 the date of receipt/production of a copy of this order. It is needless to say that after issuance of the authority letters, the District Programme Officer, (Establishment) Patna would be under obligation to ensure the actual payment of the petitioner preferably within a period of further four weeks. (Harish Kumar, J) shakir/- U