Manendu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12745 of 2024 ====================================================== 1.
Manendu Kumar Singh, Son of Late Madhusudan Prasad Singh, Resident of Village- Latifpur Parha, Post Office- Akbarpur, Via- Arwal, P.S.- Kinjar, District- Arwal, Pin Code- 804401.
2.
Dhanendra Kumar, Second Son of Late Madhusudan Prasad Singh, Resident of Village- Latifpur Parha, Post- Akbarpur, Via- Arwal, P.S.- Kinjar, DistrictArwal, Pin Code- 804401. 3.
Gyanendra Kumar, Third Son of Late Madhusudan Prasad Singh, Resident of Village- Latifpur Parha, Post- Akbarpur, Via- Arwal, P.S.- Kinjar, DistrictArwal, Pin Code- 804402. 4.
Upendra Kumar Singh, Fourth Son of Late Madhusudan Prasad Singh, Resident of Village- Latifpur Parha, Post- Akbarpur, Via- Arwal, P.S.- Kinjar, District-Arwal, Pin Code- 804402.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Director, Primary Education, Vikash Bhawan, Bailey Road, Patna.
2.
The Director, Directorate General, Provident Fund Finance Building Gardanibagh, Patna- 800001.
3.
The District Magistrate cum Collector, Muzaffarpur, District- Muzaffarpur. 4.
The Joint Secretary cum in-Charge, Comprehensive Finance Management System (In short C.F.M.S.), Govt. of Bihar, Finance Department, Old Secretariat, Patna.
5.
The District Provident Fund Officer, Muzaffarpur, District- Muzaffarpur. 6.
The District Education Officer, Muzaffarpur, District- Muzaffarpur. 7.
The District Programme Officer, Establishment, Muzaffarpur, DistrictMuzaffarpur. 8.
The Treasury Officer, Muzaffarpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Sharma, Advocate Mr. Shashi Saurabh, Advocate For the Respondent/s :
Mr. Sanjay Kumar, AC to AAG- 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 02-07-2025 Heard the parties.
2. There is no dispute that the father of the
2/4 petitioners superannuated from the post of Headmaster on 31.01.2001. Notwithstanding the facts, many applications filed by the father of the petitioners, till date he has not been allowed GPF amount; in the meanwhile, the father of the petitioners died on 30.11.2023 and now the sons of the erstwhile employee came up before this Court for payment of amount under the General Provident Fund, which is said to have been deducted with effect from 20.04.1960 to March 1986 and further from 1986-87 to 2000-01.
3. Counter affidavit has been filed on behalf of respondent no.7. Contesting the claim of the petitioners that the same is quite stale and the erstwhile employee never moved this Court within 22 years after his retirement. It has also been contended by the learned Advocate for the State that for payment of GPF amount for certain period, in question, B.T.. deduction form with interest calculation chart as well as authority slip, as contained in Annexure-P/2 to the writ petition, have been received in the office, however, no evidence has been placed on record as to whether the same has been paid or not. The respondent no.7 has sent the GPF deduction statement for the period 1995-96 to 2000-2001 to the office of District Provident Fund Officer, Muzaffarpur on the basis of the record
3/4 available in the concerned school. Letters have also been communicated to the erstwhile employee and his other family members to submit the required documents as also the BTC Form-56.
4. Learned Advocate for the petitioners referring to the averments made in the rejoinder to the counter affidavit has submitted that all the necessary documents, as also the BTC Form 56, have already been submitted to the office of the District Programme Officer (Establishment), Muzaffarpur. To support the aforesaid contention, Annexures- P/3, P/4 and P/5 have been placed on record.
5. Considering the submissions set forth and the materials available on record, as also taking note of the fact that the father of the petitioners superannuated long back in the year 2001, in order to give quietus to the litigation, the present writ petition stands disposed off with a direction to the District Provident Officer, Muzaffarpur as well as the Programme Officer (Establishment), Muzaffarpur to examine the claim of the petitioners based upon necessary documents submitted to his office, the copies of which are also placed on record, as aforenoted, and take appropriate action. In case, the claim of the petitioners finds admissible, necessary payment order be issued.
4/4
6. The entire exercise must be completed preferably within a period of eight weeks from the date of receipt/production of a copy of this order.
7. The writ petition stands disposed off.
(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.07.2025 Transmission Date NA