Gopal Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16843 of 2016 =========================================================== Gopal Sharma son of Late Ramashray Sharma, resident of Village- Neura, P.S.- Bihta, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar, through Principal Secretary, Road Construction Department, Patna.

2. The Regional Provident Fund Commissioner, Patna.

3. The Regional Manager, Life Insurance Corporation, Patna.

4. The Dy. Commissioner cum Engineer in Chief, Road Construction Department, Patna.

5. The Chief Engineer, Mechanical Way, Road Construction Department, Patna, Bihar.

6. The Superintendent Engineer, Mechanical Circle, National High Way, Punaichak, Patna, Bihar.

7. The Executive Engineer (Mechanical) Division Sahebganj (Bhagalpur). .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Chodhri, Advocate Mr. Ramanuz Tiwary, Advocate For the State : Mr. Syed Iqbal Ahmad- SC20 Mr. Mahendra Prasad Verma, AC to SC-20 For the respondent no. 3 : Mr. Rajeev Ranjan Prasad, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 23-02-2017 In the present writ application, the petitioner has prayed for a direction to be issued to respondent no. 2 to release his provident fund amount with interest for the period 28.02.1986 to October, 1993.

2.

It is contended by the learned counsel for the petitioner that the petitioner was engaged as a daily wages typist in the National Highway Division, Dehri-on-Sone in the year 1978

Patna High Court CWJC No.16843 of 2016 dt.23-02-2017 2/2 and continued till January, 1993. During the said period, from the salary of the petitioner, a deduction was being made under the provident fund scheme. It is contended that the deduction so made was not paid to the petitioner after his termination from service in the year 1993. It is also contended that the insurance amount has also not been paid to the petitioner.

3.

From the record it would be evident that the present writ application was filed on 03.10.2016 without assigning any reason for the inordinate delay of 23 years caused in pursuing the matter before this Court.

4.

In that view of the matter, the present writ application is dismissed on the principle of delay and laches. (Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE ...

Uploading Date 28.02.2017 Transmission Date