Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10318 of 2021 ====================================================== Anil Kumar S/o Late Baleshwar Prasad Singh R/o Village- Ganga Brij Road, Bajrangpuri, P.s.- Alamganj, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Bihar, Patna 2.

The Deputy Secretary, Health Department, Bihar, Patna 3.

The Director in Chief Health Services, Bihar, Patna 4.

The Principal Govt. Pharmacy Institute, Agamkuan, Patna 5.

The Director, Provident Fund, Bihar, Patna 6.

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 25-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accepts notice for respondents.

3. Counsel for the petitioner is hereby directed to serve copy of the writ petition to the counsel for the State/respondents, if it is not already served.

4. In the instant petition, petitioner has prayed for the following relief/reliefs: "(i) For direction upon the respondents to ensure payment of General Provident Fund amount to the petitioner forthwith along with statutory and penal interest up to the date of actual payment.

(ii) For payment of group insurance amount of the petitioner along with interest.

Patna High Court CWJC No.10318 of 2021 dt.25-02-2022 2/2 (iii) For any other relief/reliefs to which the petitioner may be entitled to."

5. The aforesaid reliefs are supported by representation dated 20th December, 2018. Petitioner has also cited decision of this Court passed in C.W.J.C. No. 12881 of 2019, decided on 30.08.2019. In the light of these facts and circumstances, the concerned respondent is hereby directed to pass a detailed order on the petitioner's representation dated 20th December, 2018 within a period of three months from the date of receipt of this order. If the petitioner is entitled to General Provident Fund amount, the same shall be extended to the petitioner along with 8 % interest in the light of Apex Court decision in the case of Vijay L. Mehrotra Vs. State of Uttar Pradesh and Others reported in 2001 9 SCC 687. It is made clear that petitioner is entitled for interest only from the date of representation dated 20th December, 2018 till payment is made.

6. With the above observations, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 04.03.2022 Transmission Date