Dinesh Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8219 of 2024 ====================================================== Dinesh Prasad Sharma Son of Nako Singh, Resident of Village- Khanawan, P.S.- Narhat, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Bihar, Patna.

2.

The Executive Engineer Public Health Engineering Division, Nawada, Bihar.

3.

The District Provident Fund Officer, Nawada.

4.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Respondent/s :

Mr. Manoj Kumar Yadav, AC to GA-10 For the AG, Bihar :

Mr. Raj Nandan Prasad, Adv.

Mr. Vishesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-03-2025 Heard the parties.

2. The petitioner has approached this Court seeking issuance of a writ in the nature of mandamus directing the respondent authorities to ensure payment of admissible C.P.F. and G.P.F. amount, as has been disclosed in para-1 of the writ petition.

3. Learned counsel for the petitioner contended that the petitioner was duly appointed as Key Man-cum-Chaukidar on 01.02.1988. After working sometime under Work Charge Establishment, the service of the petitioner was duly absorbed and regularized and finally he superannuated on 30.11.2020.

Patna High Court CWJC No.8219 of 2024(2) dt.19-03-2025 2/3 Despite the superannuation of the petitioner long back in the year 2020, when he has not been accorded his admissible C.P.F. and G.P.F. amount, he approached this Court.

4. A counter affidavit has been filed on behalf of the respondent no.2.

5. Referring to the averments made in the counter affidavit, learned counsel for the State submitted that the amount accumulated under C.P.F. account of the petitioner for the period between 01.12.2006 to 30.06.2011 has been paid to him. So far the remaining payment with respect to deduction made in the G.P.F. account of the petitioner for the work charge period is under consideration and the same shall be paid to him with due cooperation of the Accountant General, Bihar, Patna and the office of the General Provident Fund Officer, Nawada.

6. Having heard the parties and considering the stand of the respondent no.2, this Court deems it appropriate to dispose off the writ petition with a direction to the respondents no. 2, 3 and 4 to ensure payment of admissible G.P.F. amount of the petitioner, preferably within a period of eight weeks' from the date of receipt/production of a copy of this order.

7. Suffice it to observe that the petitioner had been discharging the duty of Key Man-cum-Chaukidar and since

Patna High Court CWJC No.8219 of 2024(2) dt.19-03-2025 3/3 2020 he has been deprived from his due G.P.F. amount, any delay in settlement of the G.P.F. amount shall attract 8% interest over the due amount, which shall be realized from the erring official(s).

8. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) rohit/- U