Mrs. Sikha Srivastava v. The Bihar Power Distribution Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7826 of 2020 ====================================================== Mrs. Sikha Srivastava Wife of Late Prabhu Prasad Resident of 403 B, Shivam Apartment, Near Dr. Mittal Clinic Saraidhela, Dhanbad Jharkhand- 828127. ... ... Petitioner/s

Versus

1.

The Bihar Power Distribution Company Limited Through its Chairman, Vidyut Bhawan, Jawaharlal Nehru Marg, Patna.

2.

The Chairman Bihar Power Distribution Company Limited, Vidyut Bhawan, Jawaharlal Nehru Marg, Patna.

3.

Managing Director North Bihar, Power Distribution Company Limited, Vidyut Bhawan, Jawaharlal Nehru Marg, Patna.

4.

The General Manager (Human Resources and Administration), North Bihar, Power Distribution Company Ltd., Bidhyut Bhawan, Bailey Road, Patna. 5.

The General Manager- Cum- Chief Engineer North Bihar, Power Distribution Company Limited, Tirhut Electrical Supply Region, Muzaffarpur.

6.

The Electrical Engineer Electrical Supply Division, Motihari. 7.

The Executive Engineer Electrical Supply Division, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Vinay Kirti Singh, Sr. Advocate :

Mr. Vijay Kr. Verma, Advocate :

Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-03-2021 1.

The present petition has been filed for payment of interest on the delayed payment of the "General Provident Fund" amount.

2.

The learned counsel for the petitioner has submitted that the deceased husband of the petitioner was dismissed from service by an order dated 30.01.2014 and had subsequently, died on 09.09.2019, however the G.P.F. amount was paid to the

Patna High Court CWJC No.7826 of 2020(3) dt.26-03-2021 2/2 petitioner in the month of July, 2019, however the interest has been calculated only up to 31.01.2014, thus it is submitted that since the G.P.F. amount has been paid belatedly, the interest for the period 01.02.2014 upto the month of July, 2019 is required to be paid to the petitioner.

3.

The learned counsel for the parties have relied on a Full Bench judgment of this Court, reported in 2015 (1) PLJR 568 (Ram Gulam v. The State of Bihar and others) and have jointly submitted that the present case be disposed of in light of the aforesaid judgment, rendered by the Full Bench of this Court in the case of Ram Gulam (supra).

3.

Having regard to the facts and circumstances of the case and considering the law laid down by the learned Full Bench of this Court in the case of Ram Gulam (supra), this Court deems it fit and proper to direct the respondent-authorities to pay interest on the delayed payment of the G.P.F. amount for a period of 06 months from the date of dismissal i.e. from 30.01.2014. 4.

The writ petition stands disposed of on the aforesaid terms, with the consent of the parties.

(Mohit Kumar Shah, J) rinkee/- U