Ghanshyam Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7795 of 2017 ====================================================== Ghanshyam Prasad Singh S/o Sukheshwar Singh Resident of Village-C/o - Bijali Kumar Singh, Durga Ashthan, P.O. P.S. - Uda- Kishunganj, DistrictMadhepura. Permanent Resident of Village- Rakia, P.S. Bihra DistrictSaharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, General Administration, Department of Government of Bihar, Patna.

3.

The Divisional Commissioner, Koshi Division, Saharsa. 4.

The District Magistrate, Madhepura.

5.

The Block Development Officer, Uda-Kishunganj, District- Madhepura. 6.

The Accountant General Bihar, Patna.

7.

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

For the Petitioner/s :

Mr.Pawan Kumar For the Respondent/s :

Mr.Prabhat Kumar Verma-Aag3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-05-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has filed the present writ application for payment of retiral dues including Provident fund. The petitioner has superannuated on 31. 01.2018. On behalf of the respondent no.7 a counter affidavit has been filed. Paras-6 and 7 of the counter affidavit reads as follows:

6. That at the very outset is is very humbly submitted that the grievance of the

Patna High Court CWJC No.7795 of 2017(4) dt.18-05-2020 2/3 petitioner with respect to GPF has already been redressed as the petitioner has already been authorized his full and final GPF amount vide two authority letters bearing no. MH/2017/FP/200 dated 09.09.2017 amounting to Rs. 3,77,156 (Rupees Three Lac Seventy Seven Thousand One Hundred Fifty Sic Only) and authority letter bearing no. MH/2019/FP/151 dated 21.06.2019 amounting to Rs. 94,819/- (Rupees Ninety Four Thousand Eight Hundred Nineteen Only) along with up-to-date interest thereon and the same has already been dispatched to the concerned authority for making payment of the authorized amount.

7. That in the fact and circumstances stated hereinabove, it is very humbly submitted that on the basis of the available records, the full and final GPF amount of the petitioner has already been authorized in favour of the petitioner at the end of the present respondent.

Learned counsel appearing on behalf the petitioner submits that the petitioner has received Rs. 3,77,156 (Rupees Three Lac Seventy Seven Thousand One Hundred Fifty Six Only) but he has not been paid the balance amount of provident fund of Rs. 94,819/- (Rupees Ninety Four Thousand Eight Hundred Nineteen Only) which was sanctioned vide authority letters dated 09.09.2017 and 21.06.2019 respectively. In view of the above, the writ petition is disposed of with a direction to the respondent no.7 and Treasury Officer, Madhepura to take all steps to ensure payment of balance provident fund amount to the petitioner within a period of sixty

Patna High Court CWJC No.7795 of 2017(4) dt.18-05-2020 3/3 days from the date of receipt/production of a copy of this order. In the event, the admitted dues are not paid to the petitioner within the time frame indicated hereinabove, the respondent no.7 shall be personally liable to pay interest @ 6 per cent of the balance amount from the date of filing of the writ application till the date of actual payment.

(Anil Kumar Upadhyay, J) Ravi/- U