Ram Manohar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2406 of 2017 ====================================================== Ram Manohar Singh Son of Pabrit Singh resident of Village - Ratanpur, Police Station - Gidhour, District - Jamui.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna 2.

The Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.

3.

The Director, Secondary Education, Department of Education, Government of Bihar, New Secretariat, Patna 4.

The Director, Provident Fund, Government of Bihar, New Secretariat, Patna. 5.

The District Provident Fund Officer, Munger.

6.

The District Education Officer, Munger.

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

For the Petitioner/s :

Mr.Prakash Kumar For the Respondent/s :

Mr.A.R. Pandey- Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-07-2019 The present writ petition has been filed for directing the respondents to pay interest on the provident fund amount at the rate of 12.5 per cent after quashing the letter dated 30.4.2016 issued by the District Provident Fund Officer, Munger. 2.

I have heard the learned counsel for the parties and have gone through the materials on record and I find from a bare perusal of the entire details mentioned in the chart showing deductions of GPF amount, annexed at 9 series to the writ petition, that from the month of August 1985 onwards, the deductions have been made at the rate of 12.5 per cent, hence

Patna High Court CWJC No.2406 of 2017(9) dt.12-07-2019 2/2 the petitioner is entitled for interest at the rate of 12.5 per cent. This aspect of the matter has not been disputed by the learned counsel appearing for the respondents. As far as the salary for the month of July, 1985 is concerned, the same was paid to the petitioner in the year 1997 and at that time, the deduction was made at the rate of 12.5 per cent, hence, for the said period as well, the petitioner is entitled for interest at the rate of 12.5 per cent. Accordingly, this Court finds that the order of the District Provident Fund Officer, Munger dated 30.4.2016 is not correct, hence, is quashed.

3.

The respondents are directed to pay interest at the rate of 12.5 per cent for the aforesaid period.

4.

The writ petition stands allowed.

(Mohit Kumar Shah, J) ajay gupta/- U