Indu Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.207 of 2017 ====================================================== Indu Verma wife of Late Nawal Kishore Sharma Resident of Shastri Nagar, New Bankers Colony, P.O. Ramna, P.S. Mithanpura, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Muzaffarpur, District - Muzaffarpur. 3.

The Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur, District - Muzaffarpur.

4.

The Civil Surgeon-cum-Chief Medical Officer, Vaishali at Hajipur. 5.

The Civil Surgeon-cum-Chief Medical Officer, Samastipur, District - Samastipur.

6.

The District Provident Fund Officer, Muzaffarpur, District- Muzaffarpur. 7.

The Superintendent, Sri Krishna Medical College and Hospital, Muzaffarpur, District - Muzaffarpur.

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

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Respondent/s :

Mr.Rajeshwar Singh, GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2019 The learned counsel for the petitioner has submitted that certain amount of G.P.F. prior to the period May, 1998 has not been paid to the petitioner with interest. The learned counsel for the respondents submits that since there was a fire in the premises of the Primary Health Centre, Mahnar,, the deductions made from the salary of the petitioner on the head of Provident Fund is not available, hence the payment is not being made.

This Court is of the view that such type of plea as has

Patna High Court CWJC No.207 of 2017(6) dt.31-07-2019 2/2 been raised by the respondents, are not tenable and respondents are required to calculate the contribution of the petitioner on the basis of the pay drawn by him for the said period on a notional basis, and accordingly, pay the G.P.F. amount for the period prior to May, 1998.

Having regard to the rival contentions of the parties, I direct the District Provident Fund Officer, Muzaffarpur to make payment of the balance amount of provident fund to the petitioner herein along with up to date interest within a period of eight weeks of receipt of a copy of this order, failing which the District Provident Fund Officer, Muzaffarpur and the Principal Secretary, Health Department, Government of Bihar, Patna shall not draw their salary.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U