Sangi Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5493 of 2017 ====================================================== Sangi Prasad Yadav Son of late Deo Nandan Prasad Yadav Resident of Madhwan, Police Station- Paliganj, District- Patna, Presently at Kasera tola, P.S.- Khajekalan Patnacity District- Patna- 800008 ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors.

2.

The District Provident Fund Officer, Giridih Collectorate Giridih Jharkhand. 3.

The Executive Engineer, Konar Canal Division, Bagodar, District- Giridih. 4.

The Accountant General, Bihar, Birchand Patel Marg, Patna. 5.

The Director, Provident Fund RanchiJharkhand. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Kamran, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh, (GA 2) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 21-12-2022 Heard Mr. Md. Kamran, learned counsel appearing on behalf of the petitioner and Mr. Vinay Kirti Singh, learned GA 2. The present writ application has been filed seeking a direction upon the respondent to pay the entire residual balance of GPF amount payable to the petitioner in terms of the representation and calculation chart, annexed with the writ petition, as contained in Annexure 1 to the writ application. A counter affidavit has been filed on behalf of the respondent nos. 2 to 5, negating the claim of the petitioner and submits that the calculation chart annexed with the writ petition is wrong and incorrect. The stand of the State respondent authorities

Patna High Court CWJC No.5493 of 2017 dt.21-12-2022 2/2 has been elaborately mentioned in details in paragraph nos. 11 to 16 of the counter affidavit.

A rejoinder to the counter affidavit has been filed on behalf of the petitioner, the same is taken on record. Learned counsel appearing on behalf of the petitioner reiterating his statements made in the writ petition submits that the case of the petitioner is based on unimpeachable documents which would suggest that the petitioner is entitled to the reliefs prayed for in the writ application.

Considering the disputed question of facts, this Court directs the petitioner to file an exhaustive representation before the District Provident Fund Officer, Giridih Collectorate, Giridih (Jharkhand) within a period of four weeks.

It is needless to say if such a representation would be filed, the respondent no. 2 shall consider the same and pass a reasoned and speaking order, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order. Accordingly, the present writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.12.2022.

Transmission Date NA