Ramagya Sharma v. The Director, Secondary Education, Govt. Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15381 of 2018 ====================================================== Ramagya Sharma Son of Nonu Singh Resident of Village Post OfficeGorakhri, P.S.-Bikram Dist.-Patna. ... ... Petitioner/s

Versus

1.

The Director, Secondary Education, Govt. Of Bihar 2.

The Director Cum Joint Commissioner, Directorate General Provident Fund Office, Pant Bhawan, Bailey 3.

The Collector, Dist.-Patna.

4.

The Additional Collector, District-Patna.

5.

The District Provident Find Officer, Patna.

6.

The District Programme Officer Establishment District-Patna. 7.

The Treasury Officer, Danapur, District-Patna. 8.

The In-Charge-Principal, Madan Dhari Girls High School, Bikram, Patna. 9.

The Drawing and Disbursing Officer, Madan Dhari, Girls High School, Bikram, Patna.

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

For the Petitioner/s :

Mr.Ghanshyam Sharma For the Respondent/s :

Mr.Madanjeet Kumar- Gp20 Mr. Mrigendra Sharma, A.C. to G.P.-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2021 Heard the parties.

Following reliefs have been sought for in paragraph 1 of the present application on behalf of the petitioner: "1(i) For direction to the respondent No. 05 the District Provident Fund Officer, Patna to (a) Release amounting to Rs. 5520=00 with interest from March, 1985 to till the date of issuance of authority slip (which is wrongly deducted as an advance in the year 1985-86 and also against the balance sheet up to 1985-86. (b) statutory rate of interest 12.5% w.e.f.. 01.07.1985 to Feb. 1999 (as contained in Annexure-(1) and (1/A) in the light of

Patna High Court CWJC No.15381 of 2018(5) dt.04-02-2021 2/3 letter no. 4184 & 4193 dt. 13.7.85. (c) to calculate interest on advance taken by petitioner on the basis of Encashment date of Rs. 1,00,000, to 1,25,000 and 3,50,000=00. (d) To calculate up to date statutory interest w.e.f. from 1.11.2016 to till the date of issuance of authority slip (as contained in Annexure (2) in the light of letter no. 3373 dated 6.5.1988.

(ii) For direction to the Respondent No. -06 the District Programme Officer, Establishment, Patna to produce the acquaintance Roll for the period March 1985 to Feb. 1986 before the Respondent No. 05 for necessary verification of deduction of monthly contribution dearness allowance as well as recovery of advance in installment.

(iii) For any order/orders or direction/directions which your lordships may deem fit and appropriate in the interest of justice, equity and good conscience."

A counter affidavit has been filed on behalf of respondent nos. 2 and 5 in which it has been stated that the grievance of the petitioner has already been redressed.

Learned counsel for the petitioner disputes with respect to calculation which has been made by the respondents for payment of provident fund amount of the petitioner. Considering the fact that the part of the grievance of the petitioner has already been redressed, the petitioner, if so advised, may file a representation before the competent authority who shall consider the same and pass an appropriate order in accordance with law within a period of three months

Patna High Court CWJC No.15381 of 2018(5) dt.04-02-2021 3/3 from the date of receipt of such representation. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U