Chandra Shekhar Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15775 of 2022 ====================================================== Chandra Shekhar Sahu S/o Late Shambhu Nath Sahu, R/o Sumit Chandra Griham Apartment, 305 E.B. Ramnagari Road, Ashiana Nagar, P.S. Rajiv Nagar, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Dept. Govt. of Bihar, Patna.

2.

The Secretary, Rural Works Dept. Govt. of Bihar Patna. 3.

The Executive Engineer, Rural Engineering Organization, Work Division, Katihar.

4.

The Executive Engineer, Road Construction Department/Rural Engineering Organization, Patna.

5.

The Executive Engineer, N.R.E.P. Munger.

6.

The Superintending Engineer, Work Anchal 2, Gaya. 7.

The Secretary Road Construction Department Govt. of Bihar, Patna. 8.

The Assistant Commissioner, General Provident Fund Directorate, Finance Department, Pant Bhawan, Patna.

9.

The Director, General Provident Fund Directorate, Pant Bhawan Patna. 10.

The District Provident Fund Officer, Patna.

11.

The District Provident Fund Officer, Gaya.

12.

The District Provident Fund Officer, Munger.

13.

The Chief Secretary, Govt. of Jharkhand, Ranchi. 14.

The Secretary, Road Construction Department Govt. of Jharkhand, Ranchi. 15.

The Assistant Engineer, Meso Prashetra Ranchi, Jharkhand. 16.

The Assistant Engineer, Meso Kshetra Saraikela, West Singhbhum, Jharkhand.

17.

The Executive Engineer, Road Construction Department (Headquarters) Govt. of Jharkhand, Ranchi.

18.

The Executive Engineer, Yojana and Anveshan (Headquarter), Road Construction Department, Govt. of Jharkhand, Ranchi. 19.

The Executive Engineer, Path Nirupan K.N. Sangathan, Road Construction Department, Govt. of Jharkhand, Ranchi.

20.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Gautam Kumar Yadav, Advocate For the Accountant Gen. :

Mr. Vivekanand Kumar, Advocate

Patna High Court CWJC No.15775 of 2022(2) dt.01-02-2023 2/3 For the Respondent/s :

Mr. Kumar Alok (SC-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-02-2023 Counsel for the petitioner submits that the defects as pointed out by the Stamp Reporting has been removed but only after lapse of the period assigned. Counsel further submits that due to mistake of the advocate clerk, this situation has arisen. He seeks pardon that in future, such mistakes shall not take place.

Learned counsel for the petitioner, counsel for the State and counsel for the Accountant General present. The present application has been filed for payment of final G.P.F. amount to the petitioner with statutory interest. Counsel for the petitioner submits that the petitioner was joined on the post of Assistant Engineer on 11.12.1980. He has served at different places in the State of Bihar. Some of the places are now part of Jharkhand State. From Annexure-9 the Assistant Commissioner, G.P.F. has written letter to all concerned officials about providing the payment of deduction of G.P.F. amount during the respective period. Counsel for the petitioner has made representation to the GPF office and stated that in his entire service period w.e.f. 11.12.1980 to 31.05.2016 he has never received any advance from his account bearing

Patna High Court CWJC No.15775 of 2022(2) dt.01-02-2023 3/3 No.BHR/BES-3485.

Counsel for the State submits that whether the contribution of GPF amount has been paid or any advance has been received from petitioner or not are necessary to be ascertained in regard to final payment of GPF amount. In the above facts and circumstances, let the petitioner is directed to file afresh representation before the Secretary, Road Construction Department, Government of Bihar, Patna, who upon considering the contents of his fresh representation as well as considering Annexure-9 of the writ petition shall pass a reasoned order within 8 weeks from the date of receiving of the fresh representation before him. The order shall clarify about the entitlement of his final GPF amount with statutory interest. With this direction, present writ application is disposed off.

(Dr. Anshuman, J.) ravishankar/- U