Santwana Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16214 of 2015 ====================================================== Santwana Kumari wife of Sri Rakesh Kumar Resident of Quarter No.- 367/400, Raod No.-5, Rajbanshinagar, P.S.- Shastrinagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Bihar State Human Rights Commission B.H.R.C., through its Secretary. 3.

The Secretary, Bihar State Human Rights Commission, Bihar, Patna. 4.

The Deputy-Secretary-cum-Drawing and Disbursing Officer, Bihar State Human Rights Commission, Bihar, Patna.

5.

Md. Salim Akhtar Ansari, the present Deputy-Secretary-cum-Drawing and Disbursing Officer, Bihar State Human Rights Commission, Bihar, Patna. 6.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 7.

The Principal Secretary, General Administration, Govt. of Bihar, Patna. 8.

The Treasury Officer, Secretariat Treasury, Vikash Bhawan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen, Advocate For the Respondent/s :

Mr.S.S. Prasad- Sc10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2023 1.

The present writ petition has been filed seeking the following relief:- "A) For the issuance of appropriate writ/writs, order/orders, direction/directions to the concerned Respondent authorities to immediately deposit the deducted Contributory Provident Fund (C.P.F.) amount of the petitioner from Sep 2011 to Oct 2012 alongwith

2/4 the share of the Govt. in the Permanent Retirement Account Number (PRAN) of the petitioner which has been not deposited as yet despite several application of the petitioner alongwith interest which might had been accured, if the amount in PRAN could have been deposited on time.

B) For the issuance of appropriate writ/writs, order/orders, direction/directions to the concerned Respondent authorities to deduct and deposit the contribution amount of employee and employer from the arrears of the Dearness Allowances and the arrears of 6th Pay revision and deposit the same in the PRAN account of the petitioner which has been neither deducted from the petitioner and her employer at the time of its payment resulting recurring loss to the petitioner as the pension of petitioner depends upon the amount deposited/to be deposited in the PRAN account and interest accrued there upon, along with interest which might had been accrued, if the amount in PRAN could have been deposited on time. 2 C) For direction to the authorities concern to deduct the share of petitioner from her salary in a reasonable installment which has been not deducted at the time when arrears were paid to her so that she may not feel any difficulty and hardship and after deduction deposit the same

3/4 alongwith the share of the Govt. in her PRAN account.

D) For direction to the competent authority to fix the responsibility and accountability of the person concern due to his negligence the deducted C.P.F. amount and the amount of arrears has been not deposited in the PRAN account of petitioner resulting loss to the petitioner with further direction to recover the loss amount of the petitioner and also to recover interest which might had been accrued, if the amount in PRAN could have been deposited on time from the person concern who is responsible for the loss of petitioner.

E) For direction to the competent authority to retain the retirement benefits of present DDO on hold, till the decision in the matter as the present DDO is prima-facie responsible for deduction of amounts and deposit the same in PRAN and also because he is retiring in November 2015.

F) For direction to pay the cost of litigation, to pay the loss of interest and to pay the compensation for the mental/physical agony."

2.

At the outset, it is submitted that the grievances of the petitioner have stood redressed during the interregnum period, hence the writ petition be disposed off.

4/4 3.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U