Krishnadeo Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8871 of 2016 =========================================================== Krishnadeo Sharma, Son of Late Alakhdeo Sharma, resident of Village- Musi, Police Station- Tekari, in the District of Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna.

2. The Director General of Police Bihar, Patna.

3. The Inspector General, Patna, Bihar.

4. The Deputy Inspector General, Patna.

5. The Superintendent of Police, Nalanda.

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

7. The District Provident Fund Officer, Nalanda.

8. The Deputy Superintendent of Police (Law and Order)-cum- Accounts Officer, Nalanda.

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the State :

Mr. Harish Kumar, G.P. 8 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-05-2017 Heard learned counsel for the petitioner and the State.

2. The dispute remains only as to whether the G.P.F. paid to the petitioner shall carry interest for more than six months.

3. According to the petitioner, he had submitted his final application for withdrawal of the G.P.F. soon after his superannuation on 31.01.2013 and thus, he is entitled to payment of interest till it was actually paid to him.

4. In the counter affidavit, the stand of the authorities is that the application form submitted by the petitioner was much beyond the stipulated six months time from the date of

Patna High Court CWJC No.8871 of 2016 dt.25-05-2017 2/2 superannuation and thus, in view of the law settled by the Full Bench of this Court in the case of Ram Gulam vs. State of Bihar reported as 2015(1) PLJR 568, the petitioner is not entitled to interest for not having filed the application within six months as stipulated in Circular No. 3373 dated 06.05.1988 of the Finance Department, Government of Bihar. From the materials on record, the said categorical assertion in the counter affidavit, not having been controverted, the Court is satisfied that the legally admissible dues of the petitioner on account of G.P.F. has been paid.

5. Accordingly, the writ petition stands disposed off.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U