Baidhnath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.616 of 2015 ===========================================================

1. Baidhnath Singh Son of Late Mathura Singh Resident of Village + Post OfficeBarashankar, Police Station- Patahi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Rural Work Department, Govt. of Bihar, Patna.

2. The District Magistrate, East Champaran, Motihari.

3. The Executive Engineer, Rural Work Department, Work Division, Dhaka, District- East Champaran.

4. The Assistant Engineer, Rural Work Department, Sub-Divisional Officer, Dhaka, District- East Champaran.

5. The District Provident Fund Officer, Motihari East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Adv. For the Respondent/s : Mr. Vivek Prasad, G.P.-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 15-12-2016 The instant writ application has been filed by the petitioner for release of the amount of G.P.F. deduction made between the period July, 1979 and July, 1990. 2.

Pursuant to the order dated 24.11.2016 passed by this Court, the District Provident Fund Officer, Motihari, East Champaran is present in Court.

3.

He has filed a show cause wherein a statement has been made that on receipt of final payment application along with deduction statement from 1990-91 to 2004-05, Rs.1,42,726/- with

Patna High Court CWJC No.616 of 2015 dt.15-12-2016 2/3 statutory up-to-date interest has already been paid to the petitioner. It is further stated that for the period intervening between November, 1980 and March, 1990, a deduction statement was sought from the respective Executive Engineer and on receipt of the same, Rs.27,313/- has already been paid to the petitioner. However, for part of the period intervening between 1988-89 and 1989-90, deduction statement was not made available as a result of which the payment could not be released to the petitioner and, in the meantime, the petitioner retired from service.

4.

It would further appear from the counter affidavit filed on behalf of respondents no.3 and 4 that for the period March, 1988 to March, 1990, after obtaining deduction statement of the provident fund contribution, Rs.45,471/- has already been paid to the petitioner on 10th December, 2016.

5.

Referring to the aforesaid two affidavits, learned counsel for the State has submitted that the grievances of the petitioner have already been redressed and no amount of G.P.F. remains pending to be paid to the petitioner.

6.

On the other hand, learned counsel for the petitioner has submitted that there appears to be some mistake in the calculation of the G.P.F. amount.

7.

Be that as it may, taking into consideration the affidavits

Patna High Court CWJC No.616 of 2015 dt.15-12-2016 3/3 filed on behalf of the respondents, this Court is satisfied that due amount of G.P.F. of the petitioner has already been paid to him. 8.

In case, the petitioner has any grievance in respect of calculation, he may represent before the authorities concerned. 9.

Since the grievance of the petitioner has already been redressed, the writ application is disposed of. (Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE N.A.

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