Rama Nuj Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 9290 of 2017 =========================================================== Rama Nuj Prasad Singh, Son of Yugeshwar Singh, Resident of Village-Shobhan Pur, Police Station-Jai Ram Spur (Barbigha), District-Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Co-operative Department, Bihar, Patna.

3. The Chairman, Munger Jamui Central Co-Operative Bank, Munger.

4. The Managing Director, Munger Jamui Central Co-operative Bank, Munger.

5. The Assustant Registrar, Co-operative Society, Bhagalpur.

6. The Commissioner, Employee Provident Fund Organization, Provident Fund Officer, Adampur Chowk, Bhagalpur.

7. The provident Fund Commissioner, Provident Fund Officer, Bhagalpur.

8. The Assistant Commissioner, Employee Provident Fund Organization, Adampur, Bhagalpur.

9. The Director, Provident Fund, Pant Bhawan, Bailey Road.

10. The Accounts Officer, Employee Provident Fund Organization, Adampur Chowk, Bhagalpur.

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

For the Petitioner/s :

Mr. Ram Vinay Prasad Singh @ Sanjay, Advocate For the State :

Mr. U.S.S.Singh, Advocate Mr. Swapnil Kumar Singh, A.C. to G.P. 19 For the Bank :

Mr. Bindhyachal Rai, Advocate For the E.P.F.O.

:

Mr. R. S. Pradhan, Sr. Advocate Mr. Jai Prakash Verma, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-03-2018 Heard learned counsel for the petitioner; State; respondents no. 3 and 4 and respondents no. 6 to 8 and 10.

2. The matter for consideration which remains is payment of Provident Fund to the petitioner.

3. From the supplementary counter affidavit filed on behalf of the respondents no. 6 to 8 and 10, it transpires that further

Patna High Court CWJC No.9290 of 2017 dt.14-03-2018 2/3 payment of Rs. 3,23,591/- has been made to the petitioner which is full and final satisfaction of his Provident Fund dues.

4. Learned counsel for the petitioner submitted that totally, he has been paid an amount of about rupees six and a half lakhs, whereas a similarly situated Branch Manager, Mr. Prabhat Kumar Nirala, who was appointed more or less at the same time as the petitioner and also superannuated more or less at the same time, has been paid rupees eighteen lakhs on account of Provident Fund.

5. Learned counsel for the respondents no. 6 and 8 to 10 submitted that the payable dues depend on the amount deducted and deposited, and in the case of the petitioner they have verified it from the relevant records.

6. Be that as it may, the writ petition stands disposed off having served its purpose.

7. However, let a detailed calculation chart with regard to the payment of Provident Fund be made to the petitioner and supplied to him within two weeks from the date of production of a copy of this order before the respondent no. 7. Similarly, a detailed calculation chart shall also be given to the petitioner within two weeks from the date of production of a copy of this order before the respondent no. 4. Thereafter, the petitioner shall be at liberty to file a representation, if he finds any error in the calculation made by the

Patna High Court CWJC No.9290 of 2017 dt.14-03-2018 3/3 authorities, with regard to calculation of his Provident Fund dues. If such a representation is filed within three weeks from the date of receipt of the calculation chart issued by him, the authorities concerned shall look into the same and get it verified from the records and pass a reasoned order within three weeks thereafter. If upon such verification it is found that the contention of the petitioner is correct and some more amount is due and payable, the same shall also be paid to the petitioner within three weeks from the date of passing of the order on his representation. Further, the petitioner may also represent before the concerned authorities with regard to his claim of any promotion due and not given to him, which shall also be considered and a reasoned order passed by the authority concerned. (Ahsanuddin Amanullah, J.) Anand Kr.

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