Balram Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7529 of 2021 ====================================================== Balram Dubey, S/o Late Sheopujan Dubey, Resident of Village - Gherai, P.S. Andar, Distt. - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Bihar, Patna.

2.

The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3.

The Chief Engineer, Water Resources Department, Govt. of Bihar, Patna. 4.

The Superintending Engineer, South Bihar Waterways Circle, Patna. 5.

The Executive Engineer, waterways, and Tubewell Division, Fatehpur, Gaya.

6.

The Sub Divisional Officer, Waterways, Sub Division No. 1, Fatehpur, Gaya.

7.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Respondent/s :

Mr. Sanjay Prasad, AC to AAG-4 For the AG, Bihar :

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 24-09-2024 Heard Mr. Ashok Kumar, learned Advocate for the petitioner and learned Advocate for the Accountant General as well as State.

2. The petitioner approached before this Court seeking a direction upon the respondent authorities to ensure payment of all his post retiral benefits, including the arrears of pension, gratuity, leave encahsment and provident fund amount.

3. Learned Advocate for the petitioner fairly

Patna High Court CWJC No.7529 of 2021 dt.24-09-2024 2/3 contended that during the pendency of the writ petition all the substantive retiral benefits have been paid to the petitioner, except the GPF amount for certain period owing to non-deposit of details of provident fund deduction to the office of the District Provident Fund Officer.

4. In support of the aforesaid contention, learned Advocate for the petitioner also placed a copy of the letter contained in Memo no. 245 dated 24.03.2023 issued by the District Provident Fund Officer, Munger wrote to the Executive Engineer, Water Ways Division, Sheikhpura. The aforesaid letter clearly prescribes the period, for which the provident fund deduction was not made available to the District Provident Fund Office.

5. Be that as it may, considering the fact that the substantive grievance of the petitioner has been redressed. However, the GPF amount for certain period has not been accorded to the petitioner in absence of the deduction of provident fund particular, this Court deems it appropriate to dispose off the writ petition with a direction to the respondent no. 5 to furnish the necessary required deduction particular to the office of the District Provident Fund Officer, Munger within a period of eight weeks from today so that the remaining

Patna High Court CWJC No.7529 of 2021 dt.24-09-2024 3/3 amount under the head of GPF must be paid to the petitioner.

6. Suffice it to say that in case the necessary required provident fund deduction chart is furnished to the office of the District Provident Fund Officer, Munger, the GPF amount must be paid to the petitioner with the statutory interest.

7. The entire exercise must be completed by the concerned respondent authority preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.

8. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.09.2024 Transmission Date NA