Nutan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4914 of 2023 ====================================================== Nutan Singh Wife of Sri Devashil, Resident of 101-B, Manmohan Apartment, Veer Shivaji Path, North S.K. Puri, P.S.-Patliputra, District-Patna-800013. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar. 2.

The Secretary, Rural Development Department, Bihar, Patna. 3.

The Director, Provident Fund, Pant Bhawan, Patna. 4.

The Deputy Development Commissioner, Patna.

5.

The District Provident Fund Officer, Patna.

6.

The Block Development Officer, Maner, Patna.

7.

The Sub-Treasury Officer, Danapur, Patna.

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

For the Petitioner/s :

Mr. Prabhu Nath Pathak, Adv.

For the Respondent/s :

Mr. Vikash Kumar, SC-11 Mr. Shri Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-12-2023 Heard Mr. Prabhu Nath Pathak, learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner, who superannuated from the post of Lady Extension Officer on 31.08.2018, has filed the present writ petition seeking a direction upon the respondent authorities to ensure payment of her Provident Fund amount with statutory interest till the date of actual payment is made.

3. Learned counsel for the petitioner submits that during the pendency of the present writ petition, barring the period from 18.04.1988 to 31.03.1990, the entire Provident

Patna High Court CWJC No.4914 of 2023 dt.02-12-2023 2/3 Fund amount along with the interest has been credited to the account of the petitioner. However, irrespective of the order passed by this Court on 21.08.2023, the admissible Provident Fund amount for the afore-noted period has not been accorded to her.

4. Learned counsel for the State, submits across the Board that with regard to the afore-noted period in question, the deduction statements is yet to be provided by the Block Development Officer, Samastipur, for which the District Provident Fund Officer, has already written a letter bearing no. 3437 dated 16.09.2023 to apprise him as to whether the amount deducted under GPF Head 8005/8009 has been deposited in the GPF account of the petitioner or not. Learned counsel for the State, thus submits that the moment he will receive the necessary information, the admissible payment shall be made to the petitioner in accordance with law.

5. Considering the submissions advanced on behalf of the parties and the materials brought on record by way of filing the counter affidavit as well as the supplementary counter affidavit, this Court deems it proper to dispose of the present writ petition with a direction to the respondent no.5, the District Provident Fund Officer, Patna to ensure payment of the

Patna High Court CWJC No.4914 of 2023 dt.02-12-2023 3/3 admissible GPF amount for the period of 18.04.1988 to 31.03.1990, preferably within a period of four weeks from the date of receipt/production of a copy of this Order.

6. Needless to observe that non-cooperation of the Block Development Officer, Samastipur, in providing the requisite information regarding the deduction of the amount of the petitioner under GPF Head for the period in question shall be treated to be interference in the administration of justice. (Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05-12-2023 Transmission Date