Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5626 of 2017 ====================================================== Sanjay Kumar S/o Late Lala Surendra Kumar Sinha, Resident of village / Mohalla - Sorangpur Near Devi Asthan , P.S. Ramkrishna Nagar, District - Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Provident officer, Nalanda, Biharsharif 3.

The Collector, Nalanda, Biharsharif ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar Sinha No.-1, Advocate For the Respondent/s :

Mr. Bijay Kr. Sinha, A.C. to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-01-2021 Heard Mr. Amrendra Kumar Sinha No. 1, learned counsel for the petitioner and Mr. Bijay Kumar Sinha, A.C. to AAG-5 learned counsel for the respondents/State. The present writ application has been filed for a direction to the respondent authority to pay statutory interest on the GPF amount of Rs.11,841/- and further delayed payment of interest upon GPF amount uptill 2014.

Learned counsel for the petitioner submits that the wife of the deceased employee had earlier moved before this Court in CWJC No. 16414 of 2013 for payment of statutory interest on the GPF amount and the said writ application was disposed of by this Court with a direction to the District Provident Fund Officer, Nalanda, to take a decision on the issue

Patna High Court CWJC No.5626 of 2017(7) dt.21-01-2021 2/3 within a period of three months. Learned counsel next submits that when the respondent authority did not take any decision, the petitioner filed contempt application bearing MJC No. 2589 of 2014 which was disposed of by this Court vide order dated 07.01.2015 giving liberty to the petitioner to approach the Provident Fund Officer with his calculation chart for payment of interest. Learned counsel further submits that in pursuance thereof, the petitioner filed a representation before the Provident Fund Officer, Nalanda Biharsharif, vide Annexure-5 dated 18.2.2015 giving details of calculation and claimed for a sum of Rs. 59,678.80 towards interest upon GPF amount till August 1999 and further the delayed payment of interest etc.

Learned counsel for the respondent-State, on the other hand, submits that the statutory interest upon the GPF amount has already been paid to the petitioner. Referring to Annexure-C to the counter affidavit, learned counsel submits that the authority slip along with calculation chart has already been issued by the Provident Fund Officer, for payment of a sum of Rs. 42,354 as interest towards the GPF amount in favour of the petitioner.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact

Patna High Court CWJC No.5626 of 2017(7) dt.21-01-2021 3/3 that statutory interest upon the GPF amount has already been paid to the petitioner at applicable rate of interest, I find no merit in the present writ application.

This writ application is, accordingly, dismissed. (Anil Kumar Sinha, J) S.Ali/- U T