Narendra Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6283 of 2018 ====================================================== Narendra Kumar Sinha, Son of Late Raj Mangal Prasad Sinha, Resident of Village-Parsa, P.O. Nagma, P.S. Naubatpur, District-Patna ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Water Resources Department, Bihar, Patna.

2. The Engineer-in Chief (North), Water Resources Department. Bihar, Patna.

3. The Executive Engineer, Waterways Division, Irrigation, Muzaffarpur.

4. The Director, Provident Fund Directorate, Bihar, Patna.

5. The District Provident Fund Officer, Muzaffarpur ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Pravin Kumar Sinha, Adv.

For the Respondents :

Mr. Anjani Kumar, AAG IV ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-01-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

Petitioner retired on 31.01.2012 as Peon from Waterways Division, Irrigation, Muzaffarpur. He prays for payment of his gratuity and provident fund along with statutory interest.

A counter affidavit has been filed by the respondents no. 1, 2 and 3 stating therein that so far as gratuity is concerned, the petitioner has not submitted the application in a proper proforma and for the Contributory Provident Fund it is for the Director, Provident Fund Directorate, Bihar, Patna, and the District Provident Fund Officer, Muzaffarpur, to reply. A rejoinder has been filed by the petitioner stating therein that he has submitted an application on 13.12.2018 in the

Patna High Court CWJC No.6283 of 2018(3) dt.03-01-2019 2/2 prescribed proforma before the respondent no. 3, the Executive Engineer, Waterways Division, Irrigation, Muzaffarpur, for payment of gratuity.

Considering the aforesaid submissions, the present writ application is disposed off with a direction to the respondent no. 3 to consider the application filed by the petitioner in the proper format, which is at Annexure 1 to the rejoinder, dated 13.12.2018, and any amount due on account of gratuity will be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

So far as the amount under the head of Contributory Provident Fund is concerned, the same will be calculated by respondent no. 5, the District Provident Fund Officer, Muzaffarpur, within a period of three months from the date of receipt/production of a copy of this order. Any amount towards the contributory provident fund would be paid to the petitioner thereafter.

(Nilu Agrawal, J) Shamshad/- U