Rajendra Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13535 of 2017 ====================================================== Rajendra Mishra Son of Late Banwari Mishra, resident of Village- Ukarari, P.O. Keotalia, P.S. Darauli, District- Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner Education Department, New Secretariat, Patna 2.

The Director Primary Education, New Secretary, Patna. 3.

The Director, Provident Fund, Pant Bhawan, Patna- 1. 4.

The District Magistrate, Siwan, District Siwan. 5.

The District Education Officer, Siwan.

6.

The District Programme Officer, Education Establishment Branch, Siwan. 7.

The District Provident Officer, Siwan.

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

For the Petitioner/s :

Mr.Bamdeo Pandey For the Respondent/s :

Mr.Madhaw Prasad Yadav -Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2019 The present writ petition has been filed for directing the respondents to pay the final correct amount of general provident fund (GPF) which has been calculated wrongly. The petitioner is stated to have retired on 30.10.2012 from Rajkiya Kanya Middle School, Bindusar, Buzurg Pachrukhi Circle in the District of Siwan while working as a teacher.

It is submitted that though the entire retiral dues of the petitioner has been paid, however, the GPF amount has been wrongly calculated, hence, some more amount is required to be paid.

Patna High Court CWJC No.13535 of 2017(6) dt.04-09-2019 2/2 The learned counsel for the Respondents has raised a preliminary objection regarding the maintainability of the present writ petition on the ground of delay and laches on the part of the petitioner in approaching this Court belatedly. I have heard the learned counsel for the parties and gone through the records of the case and I find that this Court cannot be detained by being coaxed into entering into disputed question of facts by evaluating the entries made in the calculation chart furnished by the petitioner regarding the GPF amount.

In case, there is any discrepancy in the calculations, it is for the petitioner to approach the appropriate authorities for rectification of the mistakes, hence, the present writ petition though stands dismissed, nonetheless, liberty is granted to the petitioner to approach the Director, Provident Fund, Pant Bhawan, Patna, as also the District Programme Officer, Education (Establishment), Siwan for redressal of his grievances and in case, appropriate representation is filed by the petitioner, the same shall be considered by the said authorities expeditiously and a legal and a speaking order shall be passed forthwith.

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