Ram Nandan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15648 of 2014 ====================================================== Ram Nandan Singh, son of Late Dwarika Singh, Resident of Mohalla Western Karyanand Nagar, Chitranjan Road, Purani Bazar, Lakhisarai, Ward No. 9, P.S. AND District Lakhisarai.

.... .... Petitioner

Versus

1. The State of Bihar through the Registrar, Co-operative Societies, Bihar

2. The Registrar, Co-operative Society, Govt. of Bihar, New Secretariat, Patna.

3. The Assistant Registrar, Co-operative Society, Nawada Circle, Nawada.

4. The Director, Provident Fund Directorate, Deptt. of Finance, Govt. of Bihar, Pant Bhawan, Bailey Road, Patna.

5. The Assistant Director, Provident Fund Directorate, Deptt. of Finance, Govt. of Bihar, Pant Bhawan, Patna.

6. The District Provident Fund Officer, Nawada.

7. The Accountant General, Bihar Veerchand Patel Path, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Om Prakash Maharaj, Adv. For the Respondent/s : Mr. AC to GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-01-2016 Heard Sri Om Prakash Maharaj, learned counsel for the petitioner and learned AC to GP-8.

The petitioner, who retired long back on 28.02.2001 as Co-operative Extension Officer from the office of Assistant Registrar, Co-operative Society, Nawada Circle, Nawada, has approached this Court, invoking its writ jurisdiction, with a prayer to direct the Respondents, particularly Respondent nos.5 and 6 to immediately pay the entire amount of G.P.F. It has been claimed that after retirement, the petitioner submitted all required

Patna High Court CWJC No.15648 of 2014 (2) dt.30-01-2016 2/3 documents. Thereafter, save and except the amount of G.P.F., all other retiral dues of the petitioner were paid. The petitioner repeatedly persuaded the authority concerned for payment of G.P.F. amount, however after about more than three years from his retirement, Rs.1,63,628/- was paid under the head of Provident Fund. However, no final payment was made in respect of G.P.F. amount. Only after filing of the writ petition, Respondent no.6/ District Provident Fund Officer, Nawada has filed counter affidavit and it was indicated that the rest amount of Rs.70,000/- has already been directed to be paid to the petitioner. Regarding remaining G.P.F. amount, Sri Maharaj, learned counsel for the petitioner submits that though the authorization for payment of Rs.70,000/- of remaining G.P. F. amount was issued in the month of September,2014, till date said amount has not been credited to the account of the petitioner. He has argued that even on the delayed payment of the earlier G.P.F. amount, no interest was paid.

The Court is of the opinion that the writ petition can be disposed of with a direction to the Respondent nos.5 and 6 to forthwith credit the amount as per Annexure-A to the counter affidavit to the account of the petitioner within a period of six weeks from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.15648 of 2014 (2) dt.30-01-2016 3/3 The Respondents are further directed to calculate the interest @ 6% per annum on delayed payment of the amount of G.P.F. to the petitioner. All formalities regarding calculation of interest and payment must be completed within a period of three months from the date of receipt/production of a copy of this order. So far as payment of Rs.70,000/- as per Annexure-A to the counter affidavit of Respondent no.6 is concerned, it must be paid within a period of six weeks from the date of receipt / production of a copy of this order.

With above observation and direction, the writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U