Shiv Shankar Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8506 of 2016 ====================================================== Shiv Shankar Mahto son of Late Chhotan Mahto resident of village and P.O. - Dhanama, District - Jamui.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna 2.

The Accountant General, Bihar, Patna 3.

The District Provident Fund Officer, G.P.F Finance Department Munger. 4.

The District Programme Officer Establishment Education Munger under Office of District Education Officer, Munger 5.

The District Programme Officer Establishment Education, Jamui under the office of District Educati 6.

The Head-Master, Middle School Aliganj cum Drawing and Disbursing Officer, Block - Islam Nagar, Ali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto For the Respondent/s :

Mr.Sc15- Ajit Pratap Singh For A/G : Mrs. Namrata Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2019 The present writ petition was initially filed for payment of the outstanding retiral dues of the petitioner herein and during the pendency of the present writ petition, most of the outstanding retiral dues have been paid, however certain dues are still to be paid, as is enumerated in paragraph no. 4 of the supplementary affidavit filed by the petitioner herein, which is reproduced hereinbelow :- " (I) G.P.F. subscription of Rs. 8,779/- and 3,124/- which has been claimed in para 2 and para 3 respectively by Annexure-25 of writ petition.

Patna High Court CWJC No.8506 of 2016(9) dt.31-07-2019 2/2 (II) The deduction amount of Rs. 5,000/- claimed in para 2 of Annexure 26 to writ petition and as well as mentioned in Annexure-D to supplementary counter affidavit dated05.01.2018 filed on behalf of Respondent no. 4.

(III) Statutory interest of gap period November 2007 to March 2012 on P.F.

amount of the petitioner.

(IV) Penal interest on amount of retiral benefits of the petitioner paid partly in very much delay and unpaid till now from their due dates which has not been paid inspite of order of the Hon'ble Court vide order dated 23.03.2010 passed by Hon'ble Mr. Justice Shailesh Kumar Sinha in CWJC no. 4994 of 2010 (contained in Annexure 1 to writ petition)".

Having regard to the limited grievances remaining to be addressed in the present case, I deem it fit and appropriate to grant liberty to the petitioner to approach respondent no. 4 by filing an appropriate claim petition which shall be taken note of and a decision shall be taken and if any further amount is required to be paid, the same would be paid within a period of eight weeks of filing of such claim petition. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U