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Patna High CourtCWJC/15103/2023disposed

Paritosh Kumar Thakur v. The State Of Bihar

2024-02-26Mr. Justice Nani Tagia4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15103 of 2023 ====================================================== Paritosh Kumar Thakur Son of Late Prayag Narayan, Resident of MohallaPanchwati, Road No.4 near Gandhi Murti East Patel Nagar, Patna, Police Station-Shastri Nagar in the District of Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Animal Husbandry and Fisheries Resource Department, Government of Bihar, Patna. 2.

The Principal Secretary, Animal Husbandry and Fisheries Resource Department, Government of Bihar, Patna.

3.

The Director, Animal Husbandry and Fisheries Department, Government of Bihar, Patna.

4.

The Director, General Provident Fund, Bihar, Patna. 5.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Jharkhand, Ranchi.

6.

The Director, General Provident Fund, Government of Jharkhand, Ranchi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar, Advocate For State of Bihar :

Mr. Ram Pravesh Nath Tiwari, AC to SC-25 For State of Jharkhand :

Mr. Maruth Nath Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 26-02-2024 This writ petition has been filed by the petitioner, seeking a direction to the respondent authorities, more particularly, the authorities of the State of Bihar, to make payment of G.P.F. and group insurance to the petitioner for the period from 02.04.1987 to 31.05.1995, stating that during the period mentioned above, the petitioner was working as Assistant

2/4 in the Department of Animal Husbandry, Government of Bihar, Patna.

2. The petitioner is stated to have retired from service on 31.01.2022 from the post of District Land Acquisition Officer, Sahebganj, Government of Jharkhand.

3. Respondent Nos.1 to 3 have filed a counter affidavit, wherein so far as group insurance and G.P.F. of the petitioner are concerned, it has been stated in paragraph Nos.6 and 8 as under:

"6. That insofar as the issue of Group Insurance scheme benefits for the period from 02.04.1987 till 31.05.1995 is concerned the deduction statement has been forwarded to the Deputy Commissioner, Sahebganj Collectorate, State of Jharkhand under Letter No.-2650 dated 4th August, 2022 itself as the petitioner has superannuated from the State of Jharkhand.

8. That Assistant Commissioner, General Provident Fund Directorate, Finance Department, Patna forwarded the General Provident Fund deduction statements to District Provident Officer, Sahebganj, Jharkhand under Letter No.-3372 dated 24th of August, 2022 followed by reminder under Letter No.-6277 dated 01st December, 2023 for necessary action."

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4. Notwithstanding the averments made by the Respondent Nos.1 to 3 in paragraph Nos.6 and 8 quoted hereinabove, Mr. Ram Pravesh Nath Tiwari, learned counsel representing Respondent Nos.1 to 3, has stated that since during the period from 02.04.1987 to 31.05.1995, the petitioner had worked as Assistant in the Department of Animal Husbandry, Government of Bihar, Patna and the deductions made from the salary of the petitioner for G.P.F. and group insurance during the relevant time was by the Government of Bihar, the Government of Bihar would be liable to pay the amount of G.P.F. and group insurance deducted from the salary of the petitioner for the period mentioned above along with the interest.

5. In view of the above submissions made by the learned advocate and also having taken note of the fact that the petitioner was an employee of the Government of Bihar for the period from 02.04.1987 to 31.05.1995, when the deductions for G.P.F. and group insurance were made from the petitioner's salary by the Government of Bihar, this writ petition is hereby disposed of with a direction to the Respondent Nos.1 to 4 to pay the amount of G.P.F. and group insurance along with the admissible interest to the petitioner for the period from 02.04.1987 to 31.05.1995 forthwith.

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6. The writ petition stands disposed of with the above directions.

(Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 28.02.2024 Transmission Date N.A.