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Patna High CourtCWJC/6887/2023disposed

Kailash Pandit v. The State Of Bihar

2023-05-12Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6887 of 2023 ====================================================== Kailash Pandit Son of Late Raman Pandit Resident of Village and P.O.- Rikhar, Via-Prataptarh P.S.-Lalganj, District-Vaishali, Retired Chaukidar, Mahatma Gandhi Setu Division, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, National Highway, Road Construction Department Govt. of Bihar, Patna. 2.

The Additional Chief Secretary, National Highway, Road Construction Department Govt. of Bihar, Patna.

3.

The Additional Chief Secretary, National Highway, Finance Department Govt. of Bihar, Patna.

4.

The Chief Engineer, National Highway, Road Construction Department, Govt. of Bihar, Patna.

5.

The Superintending Engineer, National Highway, Circle, Patna. 6.

The District Magistrate, Patna.

7.

The Executive Engineer, Mahatma Gandhi Setu Division, Gaighat, Road Construction Department, Patna.

8.

The Assistant Director, Provident Fund Directorate, Pant Bhawan, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar, Adv.

For the State :

Mr. Uday Bhan Singh, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2023 Heard Mr. Shailendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Uday Bhan Singh, learned counsel appearing on behalf of the State.

2. Counter affidavit filed on behalf of the District Provident Fund Officer is kept on record.

3. Learned counsel appearing on behalf of the State

Patna High Court CWJC No.6887 of 2023(2) dt.12-05-2023 2/3 informs this court that out of the entire G.P.F. amount of Rs. 7,94,878/- only Rs. 5,80,151/- has been paid to him. The respondents admit in the counter affidavit that the remaining amount will be paid within a period of two weeks after obtaining the deduction statement from the respective place of service of the petitioner.

4. The State counsel has not denied the aforesaid information given in the counter affidavit filed on behalf of the State.

5. Considering the statement made in paragraph-6 of the counter affidavit and the statement made at bar by the learned counsel appearing on behalf of the State, the District Provident Fund Officer, Patna is directed to make payment of remaining GPF amount to the petitioner within a period of three weeks along with statutory interest @ 12.5% per annum on account of delay till the date of actual payment is made to him in accordance with the settled law laid down by the Apex Court in the case of D.D. Tewari Vrs. Uttar Haryana Bijili reported in (2014) 8 SCC 894.

6. It goes without saying that in case the petitioner finds that the same is not paid to him within the period prescribed, then in that case, he may avail appropriate remedy

Patna High Court CWJC No.6887 of 2023(2) dt.12-05-2023 3/3 for the inaction of the District Provident Fund Officer.

7. The writ petition stands disposed of.

(Purnendu Singh, J) pravinkumar/- U