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Patna High CourtCWJC/4460/2017disposed

Suresh Chandra Yadav v. The State Of Bihar And ORS

2019-06-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4460 of 2017 ====================================================== Suresh Chandra Yadav son of Late Mahabir Yadav, resident of VillageMusharnia, P.S.- Sour Bazar, District- Saharsa ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Finance, Government of Bihar, Patna 2.

The District Provident Fund Officer, Saharsa. 3.

The Sub-Divisional Officer, Saharsa.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Mishra, Advocate For the Respondents :

Mr. Sarvesh Kumar- GP24 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Writ application has been filed for payment of rest of Government Provident Fund (G.P.F.) amount which has not been paid to the petitioner till date in spite of the fact that the petitioner has retired from the post of Head Assistant in the Sub Divisional Office, Saharsa on 30.4.2000.

In paragraph 6 of the supplementary counter affidavit filed by respondent no.2 a statement has been made that after verification of documents and Provident Fund (P.F.) statement claim of the petitioner was found genuine and on the basis of P.F. statement for the year 2000-01 Rs. 23,000/- along with up to daste interest up to 9/2001, an authority was issued vide Office Letter No. 565, dated 30.11.2017 (Annexure D series).

Patna High Court CWJC No.4460 of 2017(3) dt.26-06-2019 2/2 From the aforesaid statement, it appears that the statutory interest has been paid to the petitioner only up to 9/2001, whereas Authority Slip was issued on 30.11.2017. However, the statutory interest should have been paid to the petitioner till the date of issuance of Authority Slip, i.e, dated 30.11.2017.

In that view of the matter, writ application is disposed of with a direction to the District Provident Fund Officer, Saharsa (respondent no.2) to pay the statutory interest to the petitioner till the date of issuance of Authority Slip, i.e, dated 30.11.2017 and not up to 9/2001.

Such exercise must be completed by respondent no.2 within a period of four months from the date of receipt/production of a copy of this order.

(Prabhat Kumar Singh, J) Shashi U