Shanti Devi v. The Bihar State Co-Operative Bank Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13114 of 2023 ====================================================== Shanti Devi, Female, Aged about 67 years W/o Late Ram Khelawan Singh, Resident of House No-57, Gandhi Nagar, West Boring Canal Road, Patna, Bihar.

... ... Petitioner/s

Versus

1.

The Bihar State Co-operative Bank Ltd. through its Managing Director, Ashok Raj Path Patna -4.

2.

The Managing Director, Bihar State Co-operative Bank Ltd., Ashok Raj Path, Patna -4.

3.

The Regional Provident Fund Commissioner, Employees Provident Fund Office, R- Block, Road No. -6, Patna -1.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Prabhat Kishore, Adv.

For the Respondent/s :

Mr. Prashant Sinha, Adv.

Mr. Rishi Raj Raman, Adv.

For the Bank :

Mr. S. N. Pathak, Adv.

Mr. Prashant Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-03-2024 Heard learned counsel for the parties.

2. The present Writ Petition has been filed for the following reliefs:- "(i) For issuance of a writ in the nature of mandamus or any other appropriate writ, order/direction commanding the respondents to pay her full provident fund amounts of her husband calculating the up-to-date interest till the payment is made."

3. Learned counsel appearing on behalf of the

Patna High Court CWJC No.13114 of 2023(3) dt.14-03-2024 2/3 petitioner submitted that the husband of the petitioner retired from the service on 30.06.2004. The husband of the petitioner has been paid partial amount of provident fund amounting Rs. 2,64,525/- on 17.08.2018 and Rs. 1,10,075/- on 17.08.2019 calculating the interest only up to 08.05.2015 whereas the actual payment has been made on 17.08.2018 and 17.08.2019. That the husband of the petitioner is entitled for statutory interest on account of delay in payment from 08.05.2015 till 17.08.2019. This factum has not being devoid by the respondents. There is no reason given as to why the interest is not calculated till the date of actual payment.

5. Having regard to the same, the Managing Director, Bihar State Co-operative Bank Limited must recalculate the interest which has accrued on the contribution made in the account of the petitioner till 17.08.2019 and get all the formalities done with respect to payment, including the fresh filling up of the forms by the petitioner and forward the same to the Regional Provident Fund Commissioner, Patna.

6. The Regional Provident Fund Commissioner, Patna must ensure at his own level to recalculate the interest and verify, as to whether, the recalculation approved by the Managing Director of the Co-operative Bank has some

Patna High Court CWJC No.13114 of 2023(3) dt.14-03-2024 3/3 arithmetical mistake, then in that case he must accordingly advise and get all the formalities done within a period of six weeks in accordance with law after providing petitioner an opportunity to place his grievance.

7. Accordingly, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) shakir/- U