Raj Kishore Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7836 of 2014 ======================================================
1. Rajnandan Sharma son of Late Ram Briksh Singh resident of village - Jaikrishan Bigha, P.O. Jaitipur Kurva, P.S. Ghoshi, District - Jehanabad (Bihar) .... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Higher Secondary Department, Government of Bihar, Vikash Bhawan Secretariat, Patna
2. The Director, Higher Secondary Department, Government of Bihar, Vikas Bhawan, Secretariat, Patna
3. The Director, Provident Fund Directorate, Pant Bhawan, Bailey Road, Patna
4. The District Provident Fund Officer, Jehanabad
5. The District Education Officer, Jehanabad, District - Jehanabad
6. The Treasury Officer, Jehanabad
7. The Headmaster, High School, Okri, District - Jehanabad .... .... Respondent/s ====================================================== With Civil Writ Jurisdiction Case No.7838 of 2014 ======================================================
1. Raj Kishore Sharma son of Late Nakhid Singh resident of village - Kathpura, P.O. Deora, P.S. Ghoshi, District - Jehanabad ( Bihar ) .... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Higher Secondary Department, Government of Bihar, Vikas Bhawan Secretariat, Patna
2. The Director, Higher Secondary Department, Government of Bihar, Vikas Bhawan, Secretariat, Patna
3. The Director, Provident Fund Directorate, Pant Bhawan, Bailey Road, Patna
4. The District Provindent Fund Officer, Collectorate, Patna
5. The District Education Officer, Patna, District - Patna
6. The District Programme Officer (Establishment), Patna
7. The Treasury Officer, Patna
8. The Headmaster, High School, Nadwan, District - Patna .... .... Respondent/s ====================================================== With Civil Writ Jurisdiction Case No.7848 of 2014 ======================================================
1. Nawal Sharma son of Yadunath Sharma resident of village - Okri, P.O. Jaitipur, Kurva, P.S. Ghoshi, District - Jehanabad .... .... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary Higher Education, Government of Bihar, Vikas Bhawan, Bailey Road, Patna
2. The Director, Higher Secondary Education Department Vikas Bhawan, Bailey Road, Patna
3. The Director, Directorate, General Provident Fund, Pant Bhawan, Bailey
Patna High Court CWJC No.7836 of 2014 dt.06-03-2017 2/3 Road, Patna
4. The District Provindent Fund Officer, Collectorate, Jehanabad
5. The District Education Officer, Jehanabad
6. The Treasury Officer, Jehanabad
7. The Head Master, Okri High School, Jehanabad, District - Jehanabad .... .... Respondent/s ====================================================== Appearance :
(In CWJC No.7836 of 2014) For the Petitioner/s : Mr. Ghanshyam Sharma, Adv. For the Respondent/s : Mr. Sanjay Pandey, GP-21 (In CWJC No.7838 of 2014) For the Petitioner/s : Mr. Ghanshyam Sharma, Adv. For the Respondent/s : Mr. Arvind Kumar, A.C. to GP-23 (In CWJC No.7848 of 2014) For the Petitioner/s : Mr. Ghanshyam Sharma For the Respondent/s : Mr. Sanjay Kumar Ojha, A.C. to GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-03-2017 Heard learned counsel for the petitioners and learned counsel for the State.
2.
In these three writ applications, the respective petitioners have prayed for a direction to be issued to the respondents to make payment of interest at the rate of 12.5% over the amount of G.P.F. in terms of Resolutions No. 4148 and 4193 both dated 13th July, 1985 and release the due amount to the petitioners as per G.P.F. statutory Rules.
3.
Learned counsel for the State submitted that the entire G.P.F. amount including statutory admissible interest has already been paid to the petitioners of these three cases. 4.
On the other hand, learned counsel for the petitioners submitted that the statutory interest over the G.P.F. amount has
Patna High Court CWJC No.7836 of 2014 dt.06-03-2017 3/3 been calculated at the rate of 10.5% instead of 12.5%. 5.
Be that as it may, since the issues involved in these writ applications are squarely covered by the order dated 23rd December, 2016 passed by this Court in the matter of Basant Kumar Pathak Vs. The State of Bihar & Others (C.W.J.C. No. 858 of 2015).
6.
Accordingly, the writ applications are dismissed with liberty to the petitioners to file civil suit in respect of their claims. 7.
The parties are left to bear their own cost.
(Ashwani Kumar Singh, J) Pradeep/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 07.03.2017 Transmission Date