Dr. Gopal Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15300 of 2014 ====================================================== Dr. Gopal Jha Son of Late Mahakant Jha Resident of 104, Asha Apartment, Kavi Raman Path, Nageshwar Colony, Boring Road, Patna, P.S.- Buddha Colony, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

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

3. The Civil Surgeon-cum-Chief Medical Officer, Patna.

4. The Deputy Superintendent, Sub-Divisional Hospital Barh, DistrictPatna.

5. The District Provident Fund Officer, Patna.

6. The Accountant General, Bihar, Birchand Patel Path, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Smt. Anju Jha For the Respondent/s : AC to SC-17 Sri S.K.Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

30-01-2016 Heard Smt. Anju Jha, learned counsel for the petitioner, learned A.C. to Standing Counsel - 17 as well as Sri Satyendra Kumar Jha, learned counsel, who has appeared on behalf of respondent no. 6/Accountant General. The petitioner has approached this Court invoking its writ jurisdiction under Article 226 of the Constitution of India, with a prayer to direct the respondents to clear the dues of G.P.F., leave encashment including arrears of pay etc. It has been claimed that the petitioner initially joined on 21-03-1988 in Primary Health Centre, as Medical Officer, however; due to poor health, he volunteered to retire and his application for voluntary retirement was accepted, vide Memo No.

Patna High Court CWJC No.15300 of 2014 (2) dt.30-01-2016 2/2 2/Pen (VRS)-52/2010-2117(2) dated 21-12-2011. Since other retiral dues was not paid to the petitioner, the petitioner was constrained to approach this Court by filing the present writ petition, which was filed on 03-09-2014.

Learned counsel for the petitioner submits that during pendency of the writ petition, all other retiral dues have already been paid, save and except, the G.P.F. amount. Learned State counsel, on instruction, submits that G.P.F. amount has already been sanctioned. However, learned counsel for the petitioner submits that till date, the said amount has not been credited to the account of the petitioner. In view of facts and circumstances, particularly; the fact that petitioner's request for voluntary retirement was accepted in the year 2011 and till date amount under the head of G.P.F. was not paid to the petitioner, the Court proposes to dispose of the writ petition, with a direction to respondents to take all steps for crediting the amount of the G.P.F. to the account of the petitioner within a period of two months from the date of receipt/production of a copy of this order with statutory interest. The writ petition stands disposed of.

(Rakesh Kumar, J.) Anay U