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Patna High CourtCWJC/5082/2023disposed

Chandeshwar Choudhuri v. The State Of Bihar

2024-02-01Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5082 of 2023 ====================================================== Chandeshwar Choudhuri S/o Gyena Choudhuri, resident of Flat No. 206, A block, Raj Palace, OTA - 5 Paharpur, Post- Civil Aerodrome, Gaya, District - Gaya, Bihar - 823004.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Health and Family Welfare Department, Government of Bihar, Patna.

2.

The Director Provident Fund, Provident Fund Directorate, Pant Bhawan, Bihar, Patna.

3.

The District Provident Fund Officer, Patna.

4.

The District Provident Fund Officer, Muzaffarpur. 5.

The District Provident Fund Officer, Gaya.

6.

The District Provident Fund Officer, Nawada.

7.

The District Provident Fund Officer, Jamui.

8.

The State of Jharkhand through the Principal Secretary, Health and Family Welfare Department.

9.

The Director Provident Fund, Provident Fund Directorate, Jharkhand, Ranchi.

10.

The District Provident Fund Officer, Godda.

11.

The Medical Officer in Charge, Primary Health Centre Godda, Jharkhand. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Roona Kshitiz Kumari, Advocate For the Respondent/s :

Mr. Nagendra Pd. Yadav, SC-23 For Jharkhand :

Mr. Maruth Nath Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-02-2024 Heard Ms. Roona Kshitiz Kumari, learned counsel appearing on behalf of the petitioner and Mr. Nagendra Prasad Yadav, learned standing counsel no. 23. Mr. Maruth Nath Roy, learned counsel for the State of Jharkhand is also present.

2. The petitioner who was posted as Superintendent of State Health Store, Gulzarbagh, having been superannuated on

Patna High Court CWJC No.5082 of 2023(3) dt.01-02-2024 2/3 31.11.2018 has filed the writ petition seeking a direction upon the respondents to ensure payment of his final GPF amount alongwith the statutory interest on the delayed payment.

3. A counter affidavit as well as supplementary counter affidavit has been filed on behalf of respondent no. 2 to 7.

4. Submission has been made that on the basis of the requisitioned documents/ deduction of statement, recalculation of the remaining GPF amount of the petitioner has been made and vide authority letter no. 616 dated 28.04.2023 an amount of Rs. 24,19,461/- alongwith upto date interest has been authorized and dispatched to the concerned authority for making payment of the authorized amount. The photocopy of the authority letter has been brought on record by way of annexure A series.

5. Further submission has been made that earlier the petitioner has already been paid an amount of Rs. 4,85,502/- vide authority letter no. 88 dated 23.01.2019 on the basis of CTMIS data.

6. At this juncture, learned counsel for the petitioner submits that the calculation chart furnished by the respondent State is still required to be verified and, as such, the petitioner may be given a liberty that if in case any error is found in the

Patna High Court CWJC No.5082 of 2023(3) dt.01-02-2024 3/3 calculation chart, he may approach before the competent authority.

7. In view of the submissions advanced on behalf of the learned counsel for the respective parties and the averments made in the supplementary counter affidavit, the present writ petition stands disposed of after having found the grievance of the petitioner is redressed.

8. Needless to observe that if the petitioner is not satisfied with the calculation he has always a remedy to approach before the concerned authority.

(Harish Kumar, J) supratim/- U