Sarful Majeed, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12108 of 2019 ====================================================== Sarful Majeed, Son of Late Md. Haneef, retired Assistant Engineer/S.D.O. Head Works Sub-Division-4 Valmiki Nagar, West Champaran, resident of Village- Jogia, P.O. Jogia, P.S. Ramnagar, District West Champaran, presently residing in Mohalla- Jawahar Nagar, House No. 2, Road No. 8/B, P.O. and P.S.- Mango, Jamshedpur, District- East Singhbhum, Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner-cum-Secretary, Water Resources Department, Bihar, Patna.

2.

The Engineer-in-Chief (North), Water Resources Department Bihar, Patna. 3.

The Accountant General (A and E), Bihar, Patna. 4.

The Director, Directorate of G.P.F., Pant Bhawan, Bailey Road, Patna. 5.

The Chief Engineer, Water Resources Department, Valmiki Nagar, West Champaran.

6.

The Superintending Engineer, Gandak Project Circle Valmiki Nagar, West Champaran.

7.

The Executive Engineer, Head Work Division, Valmiki Nagar, West Champaran.

8.

The District Provident Fund Officer, Bettiah, West Champaran. 9.

The District Provident Fund Officer, Saran, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Saroj Kumar, AC to GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 08-12-2023 None appears on behalf of the petitioner.

2. Mr. Saroj Kumar, learned counsel for the State is present.

3. By referring to the averments made in the counter affidavit, it is submitted that the claim of the petitioner regarding payment of remaining GPF amount of Rs.4,33,661/-

Patna High Court CWJC No.12108 of 2019 dt.08-12-2023 2/3 is without any basis and no evidence or calculation chart in support of his claim has been produced. He submits across the Board that on being superannuated from the post of Assistant Engineer, S.D.O., Head Works Sub-Division, Valmikinagar, West Champaran, on 31.03.2007, the petitioner has already been authorized his full and final GPF amount on the basis of the available deduction statements. He further submits that earlier the petitioner had approached this Court vide C.W.J.C. No. 16869 of 2014 raising his grievance with respect to GPF amount, which was disposed of vide order dated 22.08.2016 by making observation that if the petitioner is not satisfied with the final payment of GPF and he still imagines that something is still due in terms of GPF deduction and interest calcuation, he is free to approach the Director, Provident Fund, Government of Bihar to understand the accounts and then if any discrepancy arises, the Director, Provident Fund will do what is necessary to be done.

4. In compliance of the aforesaid order, the petitioner submitted his representation on 28.09.2016 and after extending the opportunity of hearing to the petitioner, the order as contained in Memo No. 208 dated 13.01.2017 came to be passed. On recalculation of the GPF amount, the petitioner has

Patna High Court CWJC No.12108 of 2019 dt.08-12-2023 3/3 subsequently issued an authority letter dated 06.03.2017 amounting to Rs.65,838/- and in this way all the admissible amount under the head of General Provident Fund is paid to the petitioner.

5. Considering the fact and the averments made in the counter affidavit showing payment of all the admissible GPF amount in favour of the petitioner, which statement has not been controverted by the petitioner till date, the present writ petition stands disposed of.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.12.2023 Transmission Date NA