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Patna High CourtCWJC/213/2024disposed

Krishna Nand Choudhary v. The State Of Bihar

2024-07-15Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.213 of 2024 ====================================================== Krishna Nand Choudhary, Son of Patiyar Chaudhary, Resident of MohallaMaurya Colony, Biscoman Colony, P.S-Dhunkim District-Patna. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Road Construction Department, Government of Bihar, Patna.

2.

The principal Secretary, Road Construction Department, Government of Bihar, Patna.

3.

The Engineer-in-Chief, Road Construction Department, Government of Bihar, Patna.

4.

The Superintending Engineer, Road Construction Department, Government of Bihar, Patna.

5.

The Executive Engineer, Road Construction Department, Government Road Division, Sheohar.

6.

The Director, Provident Fund Directorate, Government of Bihar, Patna. 7.

The District General Provident Fund Officer, Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Narendra Singh, Adv.

For the Respondent/s :

Mr. Madan Mohan, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 15-07-2024 Heard the parties.

2. The petitioner superannuated from the post of Belan Khalasi on 31.01.2019 from the office of Executive Engineer, Road Construction Department, Road Division, Sheohar, Bihar. Aggrieved on account of non-payment of GPF, earlier the petitioner approached before this Court in C.W.J.C. No. 4562 of 2021, which came to be disposed of vide order dated 03.09.2021 along with other analogous cases, directing

Patna High Court CWJC No.213 of 2024 dt.15-07-2024 2/3 the Executive Engineer, Road Construction Department, Road Division, Sheohar to make payment of GPF amount to the petitioner along with the admissible interest

3. The learned counsel for the petitioner contended that though pursuant to the direction of this Court, the petitioner has been paid all the GPF amount even for the period of work charge, but the interest accrued thereon has been given only upto 31.01.2019 though the payment was made to the petitioner on 01.12.2021. Thus, in view thereof, the learned counsel for the petitioner submitted that the petitioner is still entitled for interest for the period as noted hereinabove.

4. On the other hand, the learned counsel for the State opposed the prayer of the petitioner and submitted that the petitioner has already been allowed up-to-date interest over the GPF amount.

5. Considering the rival submissions and taking note of the nature of grievance in relation to interest, this Court deems it proper to direct the respondent no.5, the Executive Engineer, Road Construction Department, Road Division, Sheohar to consider the claim of the petitioner and ensure that if any due interest has not been accorded to the petitioner, the same must be done preferably within a period of four weeks from the date of

Patna High Court CWJC No.213 of 2024 dt.15-07-2024 3/3 receipt/production of a copy of this order.

6. It is needless to observe that if the petitioner has already been paid up-to-date interest, only a reasoned order is required to be passed.

7. The writ petition stands disposed of.

(Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16-07-2024 Transmission Date