Ram Dayal Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8468 of 2022 ====================================================== Ram Dayal Sahu, Son of Late Raj Kumar Sahu, Resident of Baikunthpuri Near Shiv Mandir, East of Bairiya Bus Stand, Police Station- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Water Resources Department, Government of Bihar, Patna.

4.

The Director, Government Provident Fund Directorate, Department of Finance, Pant Bhawan, Patna.

5.

The Assistant Director, Government Provident Fund Directorate, Department of Finance, Pant Bhawan, Patna.

6.

The Superintending Engineer, Command Area Development Circle, Muzaffarpur.

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

For the Petitioner/s :

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

Mr. Vikash Kumar, SC- 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-11-2024 Heard the parties.

2. The petitioner having completed his service career superannuated on 31.01.2015 from the post of Executive Engineer, Gandak Area Division Development Authority, Raxaul Division, Muzaffarpur. Despite, superannuation on 31.01.2015, when the petitioner has not been accorded his pre and post reitral benefits, apart from salary for certain period, which has been duly mentioned in the rejoinder to the counter

Patna High Court CWJC No.8468 of 2022 dt.28-11-2024 2/3 affidavit, the petitioner compelled to approach this Court by filing the present writ petition.

3. Learned Advocate for the petitioner submits at the Bar that irrespective of the fact that the petitioner superannuated in the year 2015, he has been paid his post retiral benefits after much delay. Moreover, till date the petitioner has not been accorded the admissible GPF amount.

4. Learned Advocate for the State drawing the attention of this Court to the counter affidavit, filed on behalf of respondent nos. 4 and 5, submits that part payment of GPF amount for the period 2012-13 to till the last contribution made by the petitioner has already been authorized vide letter dated 11.05.2023, amounting to Rs.3,29,253/- alongwith up-to-date interest and dispatched the same to the concerned authority. It is further contended that the said amount has also been credited in the account of the petitioner.

5. So far the remaining amount of GPF of the petitioner is concerned, the respondent undertake that it would be authorized soon after receipt of the requisitioned documents, which have not been provided by the parent department till now.

6. At this juncture, learned Advocate for the petitioner has drawn the attention of this Court to Annexure-3 to

Patna High Court CWJC No.8468 of 2022 dt.28-11-2024 3/3 the writ petition and submission has been made that all the necessary deduction particulars have been duly submitted in the office of the Superintending Engineer, Command Area Development Circle, Muzaffarpur way back on 11.03.2022.

7. Having considered the submissions advanced on behalf of the parties and the materials available on record, this Court directs the respondent nos. 3 and 4 to ensure payment of the remaining amount of GPF as well as other due amount to the petitioner within a period of twelve weeks from today along with the up-to-date interest.

8. Suffice it to observe that the petitioner has already superannuated on 31.01.2015 and, as such, the concerned respondent authority shall adhere to the time period stipulated hereinabove.

9. The writ petition stands disposed off.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.11.2024 Transmission Date NA