Kedar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18286 of 2017 ====================================================== Kedar Prasad Son of Late Sukhdeo Prasad, Resident of Village-Wasilpur, P.S.- Arwal, District-Arwal.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Director, Primary Education, Human Resources Department, Government of Bihar, Patna.

3.

The District Magistrate, District-Arwal.

4.

The District Education Officer, District-Arwal. 5.

The Block Education Officer, Block-Arwal, District-Arwal. 6.

The Provident Fund Commissioner Bihar, Patna. 7.

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

8.

The Director, Provident Fund Bihar, Patna.

9.

The District Provident Fund Officer, District-Arwal/Jehanbad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Respondent/s :

Mr.Madhaw Prasad Yadav -Gp23 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 09-07-2020 The Court proceeding has been conducted through virtual mode.

Heard Mr. Arvind Prasad Singh, learned counsel for the petitioner and learned GP 23 for the respondents. The present writ application has been filed for a direction to the respondent authorities to re-calculate the Provident Fund amount of the petitioner and payment of the same with statutory

Patna High Court CWJC No.18286 of 2017 dt.09-07-2020 2/3 interest since the Provident Fund amount has been paid calculating it from 1986 instead of December, 1976. The petitioner joined on the post of Assistant Teacher in the Middle School, Bhawani Chak on 20.8.1976 and retired from service from the Middle School, Umairabad from the post of Headmaster on 31.7. 2008. The petitioner has been paid Provident Fund amount to the tune of Rs. 7,15,048/- calculating it from the year 1986.

A counter affidavit has been filed on behalf of Respondent no. 4, the District Education Officer, Arwal, wherein stand has been taken that the District Provident Fund Officer, Jehanabad has been directed to re-calculate the Provident Fund amount on verification of records and to pay the same immediately. Paragraph 9 of the counter affidavit reads as follows:- "That it is stated that the D.P.O., Jehanabad will be re-calculated the Provident Fund amount of the petitioner on the basis of verified deduction details and service book of the petitioner and to be paid amount to the petitioner immediately."

In view of the stand taken by the State, this writ application is disposed of with a direction to the concerned respondent authority to re-calculate the admitted dues of the

Patna High Court CWJC No.18286 of 2017 dt.09-07-2020 3/3 petitioner and pay the same with statutory interest with a period of two months from the date of receipt/production of a copy of this order, failing which the concerned respondent will be responsible to make payment of due amount with further 5% interest.

(Dinesh Kumar Singh, J) anil/- AFR/NAFR CAV DATE Uploading Date Transmission Date