Mohammad Samsuddin Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14424 of 2016 =============================================== Mohammad Samsuddin Ansari, Son of Late Masuchit Ansari, Resident of Village-Dhepahan, P.S.-Jiradei, PO Dhepahan Bazar, District-Siwan. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director, Primary Education, Government of Bihar, Patna.

4. The District Magistrate, Siwan.

5. The District Education Officer, Siwan.

6. The District Programme Officer (Establishment), Siwan.

7. The Block Education Officer, Basantpur, District-Siwan.

8. The District Provident Fund Officer, Siwan.

9. The Treasury Officer, Siwan.

10. The DDO cum HM, Primary Maktab, Sipah, Basantpur-2 Block of Siwan.

11. The Accountant General Bihar, Patna.... ... Respondent/s =============================================== Appearance :

For the Petitioner/s : Mr. Bajarangi Lal, Adv. For the Respondent/s: Mr. Ashutosh Ranjan Pandey, AAG-15 =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date : 20-07-2017 Heard learned counsel for the petitioner and the State. The grievance of the petitioner is that despite the fact that he retired as Assistant Teacher, Primary Maktab, Sipah situated in Basantpur Block of Siwan on 31.01.2014 nothing was paid till August, 2016 which has compelled to petitioner to file this writ petition.

It appears from the counter affidavit filed on behalf of respondent no. 6 that the retirement dues have been paid but the amount of GPF has been paid or not it is not apparent as no statement

Patna High Court CWJC No.14424 of 2016() dt.20-07-2017 2/2 has been appended.

Accordingly, this writ petition stands disposed of with a direction to the respondent no. 6, i.e., the District Programme Officer (Establishment), Siwan to ensure that the entire GPF amount and all the amounts are paid along with statutory interest for the delayed payment as per the policy of the concerned notification of the State. Respondent no. 8, i.e., the District Provident Fund Officer, Siwan is directed to calculate the statutory interest and communicate the entire calculation to the petitioner. So far other dues are concerned, if the statutory interest have not been paid then that should also be paid by the respondent no. 6.

That apart, since the petitioner retired in the year 2004 and the payment of retiral dues have been made in the year 2017 without any fault being part of the petitioner, the State would also be liable to pay interest as per policy detailed in the concerned notification for delayed payment. The aforesaid action should be taken by the authorities concerned within a period of two months from the date of receipt/production of a copy of this order. ( Dr. Ravi Ranjan, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.08.