Birchandra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.135 of 2015 IN Civil Writ Jurisdiction Case No. 14783 of 2013 =========================================================== Birchandra Singh son of Late Deonandan Singh resident of village - Matiya, Police Station - Baruraj, District - Muzaffarpur, retired Headmaster, Middle School, Birhima Motipur, District - Muzaffarpur.

.... .... Petitioner/Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna, namely R.K. Mahajan.

2. Mr. Sri Ram Singh Regional Deputy Director, Tirhut Division, Muzaffarpur.

3. Mr. Mustafa Hussain Mansuri, District Education Officer, Muzaffarpur.

4. Mr. Madan Roy, District Programme Officer (Establishment), Muzaffarpur. .... .... Respondents/Opp. Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Verma For the Respondent/s : Mr. Devendra Kr Sinha =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 23-06-2017 Heard learned counsel for the petitioner and counsel for the State.

So far as payment of provident fund amount is concerned, that has been paid except for certain period and the position of the petitioner as Headmaster has been restored, accordingly, he is getting the salary and has received the arrear of salary.

The petitioner has two grievances, firstly, The petitioner

Patna High Court MJC No.135 of 2015 dt.23-06-2017 has not received the difference of salary for the period 2.11.2006 to 30.6.2007, the proposal for the same has been sent to the competent authority for release of the said amount which is still pending. The second grievance has been raised that the petitioner has not been paid the P.F. amount for the period 1996 to 2001, the show-cause has been filed wherein it has been explained that the records with respect to the aforesaid period has been lost and that too by the petitioner and the statement will have to be verified and confirmed from other records, after verification the payment will be made to the petitioner.

Let the State should verify the statement with records and make payment of the provident fund for the aforesaid period within a period of three months from the date of receipt/production of a copy of this order with interest. If the State fails to make payment within the aforesaid period of three months, in that circumstances, the State would be obliged to pay 12% compound interest over the same. If the petitioner will have any grievance, he will be at liberty to file a representation before the authority who will examine and take a decision in accordance with law.

The representation should be filed within a period of six months from the date of receipt of the payment. With the aforementioned observation and direction, this

Patna High Court MJC No.135 of 2015 dt.23-06-2017 application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.06.2017 Transmission Date NA