Rajendra Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 912 of 2017 Arising out of Civil Writ Jurisdiction Case No. 17481 of 2015 ====================================================== Rajendra Sharma aged about 68 years Son of Late Ganga Sagar Sharma resident of Jayantipur, P.O. Jayantipur, P.S. Ghoshi, District Jehanabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Bihar State Housing Board through Sri Amrendra Pd. Singh the Managing Director Bihar State Housing Board having his office at 6 Mangles Road P.S. Sachivalya, District-Patna. 3.

Sri Sudhanshu Kumar Chaubey the Secretary Bihar State Housing Board having his office at 6 Mangles Road, P.s. Sachivalya District- Patna. 4.

Sri Ashok Kumar Sinha the Executive Engineer, Muzaffarpur Division Bihar State Housing Board having his office at Muzaffarpur, District- Muzaffarpur. 5.

Sri Rabikant Sinha the Regional Commissioner Employees Provident Fund having his office at R. Block Chauraha, P.S. Sachivalaya District-Patna. 6.

Sri S.P. Gupta the Divisional Manager Life Insurance Corporation of India Frazer Road, P.S. Kotwali, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Housing Board :

Mr. Lalit Kishore, Advocate General Ms. Binita Singh, Advocate For the Opposite Party/s :

Mr. Y. P. Sinha, AAG 7 Mr. Shankar Kumar, AC to AAG 7 For the EPFO :

Mr. Rajoday Satyjeet, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-08-2019 Heard learned counsel for the petitioner; Mr. Lalit Kishore, learned Advocate General along with Ms. Binita Singh, learned counsel for the Bihar State Housing Board (hereinafter referred to as the 'Board'); learned AC to AAG 7 for the State and learned counsel for the EPFO.

Patna High Court MJC No.912 of 2017 dt.21-08-2019 2/3

2. Considering the submissions of learned counsel for the parties and materials on record, the Court finds that the opposite parties have complied with the order dated 11.05.2016 passed in CWJC No. 17481 of 2015.

3. Accordingly, the application stands disposed off.

4. However, with regard to the period when the Board received the application from the petitioner and forwarded the pension papers of the petitioner to the EPFO, i.e., about 10 months, interest at the rate of 8% shall be paid by the Board to the petitioner. At this juncture, learned counsel for the parties submitted that in view of the petitioner drawing about Rs. 2,200/- pension per month, the amount of 8% interest shall work out to about Rs. 1,500/-.

5. In such view of the matter, it is agreed between the parties that a sum of Rs. 1,500/- shall be paid to the petitioner by the Housing Board within three weeks. It is also noted that a cheque of Rs. 408/- has been handed over by learned counsel for the Board to learned counsel for the petitioner by way of interest on GIC. The same has been accepted by learned counsel for the petitioner.

6. Further, the detailed calculation chart, head-wise, shall be provided to the petitioner within three weeks from today.

Patna High Court MJC No.912 of 2017 dt.21-08-2019 3/3 The petitioner shall be at liberty to file a representation, if he finds any error in the calculation, before the Managing Director of Board, who shall look into the matter and pass a reasoned order within four weeks of filing of such representation. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T