Parmanand Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1556 of 2015 =========================================================== Parmanand Singh, Son of Late Ganga Dayal Singh, resident of Village & P.O.- Parsadi English, Police Station + District- Arwal. .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Higher Education, Department, Government of Bihar, Vikas Bhawan, Secretariat, Patna.

2. The Director, Provident Fund Directorate, Provident Fund, Pant Bhawan, Bailey Road, Patna.

3. The Collector, Jehanabad, District- Jehanabad.

4. The District Provident Fund Officer, Jehanabad, District- Jehanabad.

5. The District Programme Officer Establishment Arwal District- Arwal.

6. The Headmaster, G.A. High School, Arwal.

7. The Treasury Officer, Arwal, District- Arwal. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Sharma, Advocate For the Respondent/s : Mr. Anil Kumar Sinha, GA-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 13-12-2016 The petitioner has filed the instant writ petition for a direction to the respondent to make payment of remaining amount of GPF at the rate of 12.5 percent interest in terms of Resolutions No. 4148 and 4193 dated 13.07.1985 under the provision of GPF Rule.

2.

The petitioner retired on 31st July, 2011 and

Patna High Court CWJC No.1556 of 2015 dt.13-12-2016 2/3 submitted application for final withdrawal of GPF accumulation on 25th July, 2011 and the Drawing and Disbursing Officer concerned forwarded the said application along with statement issued by the Reporting Officer and the entire amount with statutory interest accrued thereon was authorized within one month from the date of receipt of the said application and payments thereof were made to the petitioner.

3.

However, it has been contended by the learned counsel for the petitioner that the petitioner was paid 10.5 percent interest over the GPF amount whereas he was entitled for payment of interest @ 12.5 per cent. He has contended that representations filed by the petitioner in this regard before the respondents went unheaded.

4.

It has been contended by the learned counsel for the State that the entire amount with the complete statutory interest was authorized long back in the year 2011 and a belated claim has been made by the petitioner before this Court in respect of payment of interest over the GPF amount by filing a writ petition in the month of January, 2015. It has been also contended that no representation in respect of the claim was ever filed by the petitioner before the authorities concerned.

5.

Taking into consideration the facts and

Patna High Court CWJC No.1556 of 2015 dt.13-12-2016 3/3 circumstances of the case, the petitioner is directed to file a detailed representation in respect of his claim before the District Provident Fund Officer, Jehanabad within three weeks from today along with a copy of the order. In case, such a representation is filed within three weeks from today, the District Provident Fund Officer, Jehanabad shall dispose of the same by passing a reasoned and speaking order within three months from the date of filing of the representation.

6.

It is made clear that in case, any enhanced rate of interest is found admissible to the petitioner, the same should be paid within the aforesaid period of three months. 7.

With the aforesaid observations and directions, the application is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE ...

Uploading Date 15.12.2016 Transmission Date