Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.425 of 2022 ====================================================== Ajay Kumar Singh, Son of Late Arvind Prasad Singh, R/o Village and PostSahur, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Lakhisarai. 2.

The District Magistrate, Lakhisarai.

3.

The Deputy Collector, Establishment, Lakhisarai. 4.

The Additional Collector, Lakhisarai.

5.

The Circle Officer, Ramgarh Chouk, District- Lakhisarai. 6.

The District Provident Fund Officer, Munger.

7.

The Treasury Officer, Lakhisarai.

8.

The Accountant General, Bihar, Bir Chand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Adv.

For the Resp-State :

Mr. Fazle Karim, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-07-2024 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and Mr. Fazle Karim, learned counsel for the State.

2. The petitioner by filing the present application sought a direction upon the concerned authorities to ensure payment of GPF amount with up-to-date statutory interest as well as arrears of salary on account of revised pay-scale and revision of pension. The petitioner also sought a direction to pay the difference of salary after granting benefit of ACP/MACP.

Patna High Court CWJC No.425 of 2022 dt.22-07-2024 2/3

3. A counter affidavit has been filed on behalf of respondents no. 2, 3 and 4 duly sworn by Circle Officer, Ramgarh Chowk, Lakhisarai.

4. A categorical averment has been made that after receiving the authority letter from GPF Office, Munger vide Dispatch No. 334 dated 02.04.2024, the Circle Officer made a request to the Senior Treasury Officer to ensure payment of GPF amount and accordingly an amount of Rs. 7,37,256/- has been paid. It is also contended that the petitioner has been allowed the benefit of 2nd and 3rd MACP and difference of amount to the tune of Rs. 1,98,191/- has been paid. It is further contended that the petitioner has been paid arrears of contractual service to the tune of Rs. 2,23,758/-.

5. At this juncture, learned counsel for the petitioner contended that there are certain discrepancies in the calculation chart furnished by the Office of the Provident Fund as well as in the payment of difference of amount on account of ACP/MACP. It has also not been disclosed in the counter affidavit that as to whether pension of the petitioner has been revised till date or not.

6. Considering the contention of the parties and taking note of the averments made in the counter-affidavit that the

Patna High Court CWJC No.425 of 2022 dt.22-07-2024 3/3 grievance of the petitioner has been redressed, except to the extent objection has been raised, this Court deems it fit and proper to dispose of the writ petition with a liberty to the petitioner that if he is not satisfied with the calculation or still any grievance subsists, he shall be permitted to file a representation before the District Magistrate, Munger/District Provident Fund, Munger, preferably within a period of four weeks from today.

7. If such a representation is filed, the concerned authority shall consider the same and pass a reasoned and speaking order.

8. Suffice it to say that if the petitioner is found entitled for any other dues, the same must be paid within a further period of eight weeks thereafter.

(Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23-07-2024 Transmission Date