Patna High CourtCWJC/13864/2014disposed

Mohammad Shamim v. The State Of Bihar And ORS

2016-09-16Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13864 of 2014 =========================================================== Mohammad Shamim, son of Md. Serajuddin, resident of Mohalla- Danapur Cantt, P.S.- Danapur, District- Patna. .... .... Petitioner.

Versus

1. The State of Bihar.

2. The Secretary, Rural Works Department, Bihar, Patna.

3. The Accountant General of Bihar, Birchand Patel Path, Patna.

4. The Director, Provident Fund, Indira Bhawan, Bailey Road, Patna.

5. The District Provident Fund, Saran at Chapra.

6. The Executive Engineer, Rural Works Department, Works Division, Marhaura, Saran. .... .... Respondents. =========================================================== Appearance :

For the Petitioner : Mr. Prabhu Nath Pathak, Adv. For the Respondents : M/s Ravi Kumar and Ashok Kumar, ACs to GP-13. =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL JUDGMENT Date: 16-09-2016 The petitioner had filed this writ petition for a direction to the respondents to pay his provident dues. There is a counter affidavit on record sworn by the District Provident Officer, Saran at Chapta. The counter affidavit admits the fact that provident fund dues were due and the total amount payable as on 30.06.2013 was Rs.10,87,611.00, which is included interest up to the said date. The grievance of the petitioner is that though he received the said payment on 02.06.2014, i.e. one year thereafter, he is liable to be paid interest for one year i.e. from 30.06.2013 to 02.06.2014.

Having heard the learned counsel for the petitioner and the State, in my view, the grievance of the petitioner is correct.

Patna High Court CWJC No.13864 of 2014 dt.16-09-2016 - 2 - For delayed payment of provident fund amount, a person is liable statutorily for interest on delayed payment. The District Provident Fund Officer, Saran at Chapra would, accordingly, calculate the interest liability for the delayed payment aforesaid and see the same is paid within one month from the date of production of a copy of this order before him. On failure to comply this order, would not only entail initiation of contempt proceedings but would entail further interest and cost as well for the same.

With this observation and direction, this writ petition stands disposed of.

(Navaniti Prasad Singh, J.) Trivedi/- AFR/NAFR NAFR CAV DATE Uploading Date 17.09.2016 Transmission Date