Bijay Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2081 of 2016 =========================================================== Bijay Shankar Singh son of Sri Ram Pyare Sinha resident of Mohalla Sohan Kuan, Mangla Asthan Road, P.O. Ramchandrapur, District Nalanda at Biharsharif. .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Department of Law, Govt. of Bihar, Patna

2. The Director, Directorate of Provident Fund, Pant Bhawan, Bailey Road, Patna

3. The District Provident Fund Officer, Nalanda at Biharsharif

4. The Registrar (Administration), High Court of Judicature at Patna

5. The District and Session Judge, Civil Court, Nalanda at Biharsharif

6. The Registrar Civil Court, Nalanda at Biharsharif .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Mithilesh Kumar, Advocate For the State : Mr. Rakesh Kumar Ranjan, AC to GA-5 For Rest. Nos. 4 to 6 : Mr. Mrigank Mauli, Advocate Mr. Prince Kumar Mishra, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-07-2017 The present writ petition has been filed for directing the respondents to pay the petitioner the entire amount of GPF along with statutory interest till the date of payment. 2.

The petitioner retired on 31.07.2015 from the post of Steno, Civil Court, Nalanda at Biharsharif 3.

It is contended by the learned counsel for the

Patna High Court CWJC No.2081 of 2016 dt.05-07-2017 2/3 petitioner that after filing of the present writ petition, the respondents have paid GPF amount of Rs.5,78,907/- only. He submitted that the calculation made by respondents is not correct. The petitioner is entitled to receive some more amount and due to erroneous calculation, the petitioner has been put to financial hardship.

4.

A counter-affidavit has been filed on behalf of respondent nos. 2 and 3 wherein it is stated that on the basis of deduction statements, full and final GPF amount after making deduction of advance taken by the petitioner has been authorized vide authority letter no. 518 dated 07.10.2016 amounting to Rs.5,78,907/- along with up to date interest therein and the same has already been dispatched to the Civil Court, Gaya for making payment to the petitioner.

5.

Learned counsel for the State submitted that after filing of the counter-affidavit, on further calculation it was found that the petitioner is entitled to receive GPF amounting to Rs.31,850/- in additional to amount authorized earlier. Thus, the said amount has also been authorized for payment by the Provident Fund Office on 10.03.2017.

6.

On the basis of the foregoing submissions, learned counsel for the State submitted that since the grievances of

Patna High Court CWJC No.2081 of 2016 dt.05-07-2017 3/3 the petitioner have been redressed and the payments have already been made after calculating the deduction statements of the petitioner, the writ petition may be disposed of. 7.

I have heard learned counsel for the parties and perused the record.

8.

I would be evident from the pleading of the parties that entire admitted amount of GPF of the petitioner has already been paid to him.

9.

In that view of the matter, the writ petition is disposed of with observation that the petitioner may represent before the respondent no. 3 in respect of any calculation error. In case such representation is filed within six weeks, the respondent no. 3 shall look into the matter and dispose of the same by a reasoned order within two months.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.07.2017 Transmission Date NA