Surendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5817 of 2017 ====================================================== Surendra Prasad Singh, Son of Late Ambika Prasad Singh, Resident of Village Mir Nagar, P.S.- Sarmera, District- Nalanda. ... ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Education Department, Government of Bihar, Patna.

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The District Education Officer, Patna.

4. The District Provident Fund Officer, Patna.

5. The Principal Sahid Rajendra Prasad Singh Govt. High School (Patna High School), Gardanibagh, Patna-2.

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

For the Petitioner/s :

Mr. Lovekush Kumar, Adv.

For the Respondent/s :

Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-12-2018 Heard Mr. Lovekush Kumar, learned counsel for the petitioner and Mr. Shankar Kumar Thakur, AC to GP-27 for the respondent-State.

The present writ application has been filed for a direction to the respondent authorities to pay the amount of Provident Fund admissible to the petitioner along with up-todate statutory interest. It is submitted by learned counsel for the petitioner that the petitioner was appointed as a clerk and he joined on 15.07.1976 in Primary Teachers Education, College, Aurangabad. Thereafter, the petitioner was transferred on several places to discharge his official duties. Ultimately, the

Patna High Court CWJC No.5817 of 2017(2) dt.03-12-2018 2/3 petitioner was transferred as a clerk at Sahid Rajendra Prasad Government High School (Patna High School), Gardanibagh, in August, 2008 and remained there till his superannuation i.e. on 30.06.2014. After superannuation, the petitioner was given all his retiral benefits except provident fund amount. It is further submitted that during the service time of the petitioner there was no departmental proceeding pending against him. For payment of amount of provident fund, the petitioner submitted a representation before the Respondent No.3, the District Education Officer, Patna, on 16.02.2017, as contained in Annexure-1, but till date he has not been paid the provident fund amount and his application has been kept pending. Hence, the present writ application.

It is submitted by learned AC to GP-27 that, at present, he is not having any instruction whether the representation of the petitioner has been disposed of or not, but he further goes to submit that the present writ application may be disposed of with a direction to the Respondent Nos. 3 to 5 for redressal of grievance of the petitioner within a reasonable time period.

In the circumstances, the writ application is disposed of with a direction to the Respondent Nos. 3 to 5 to calculate

Patna High Court CWJC No.5817 of 2017(2) dt.03-12-2018 3/3 the amount of Provident Fund along with statutory interest and the same be paid to the petitioner within a period of four weeks from the date of receipt/production of a copy of this order, in accordance with law.

The writ application stands disposed of with the observation aforementioned.

(Dinesh Kumar Singh, J) Ashwini/- U