Jagdish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25525 of 2019 ====================================================== Jagdish Yadav Son of Ram Krit Yadav Resident of Village-Gopalpur, P.O.- Niranjanpur, P.S.-Mehandia, District-Arwal, PIN-Code-804428. ... ... Petitioner
Versus
1.
The State of Bihar through the Collector, Jehanabad, District-Jehanabad. 2.
The Accountant General Bihar, Patna, Birchand Patel Marg, Patna. 3.
The Joint Commissioner, Account Administration, Directorate General Provident Fund, Pant Bhawan, Bailey Road, Patna. 4.
The District Provident Fund Officer, Jehanabad, District-Jehanabad. 5.
The Circle Officer, Ratni Fardipur, District-Jehanabad. 6.
The Treasury Officer, Jehanabad, District-Jehanabad. ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr.Ghanshyam Sharma, Advocate For the Respondents :
Mr.Rishi Raj Sinha, SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-06-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The present writ petition has been filed by the petitioner for the following reliefs:- "(i) For direction to the respondent no. 4, The District Provident Fund Officer Jehanabad to calculate taking in account (a) Deposited amount from First Deduction to 2004-05 (b) Statutory rate of interest 12.5% on deposited amount from July 1985 to Feb. 1999 (c) upto date statutory rate of interest i.e. from May 2004 to till the date of actual payment (as contained in Annexure-1 to this writ petition). (ii) For direction to the respondent no. 4, the District Provident Fund Officer Jehanabad to furnish (a) The deduction statement from first deduction to last deduction with Treasury Voucher No. (T.V.No.) and date of encashment (b) Interest calculation chart.
(iiii) For direction to the respondent no. 5, The Circle Officer Ratni Faridpur to send the GPF
Patna High Court CWJC No.25525 of 2019(3) dt.23-06-2020 2/3 deduction statement from the first deduction to last deduction, in compliance of the letter no. 355 dated 30.08.2013 of the office of respondent no. 4, The District Provident Fund Officer Jehanabad.
(iv) For any other order/orders or direction/directions which your Lordships may deem fit and appropriate in the interest of justice, equity and good conscious."
The petitioner superannuated on 30.04.2004 as Revenue Clerk from Circle Office Ratni Faridpur, District Jehanabad.
Learned counsel appearing on behalf of the petitioner would submit that the petitioner has filed representation on 11.09.2013 but till date the grievance of the petitioner has not been redressed.
On behalf of respondent nos. 3 and 4, a counter affidavit has been filed. In paragraph 6 statement has been made to the effect that GPF office received letter no. 469 dated 22.04.2008 issued by Senior Officer Incharge Establishment, Jehanabad in which deduction statement was submitted for the period November 1993 to May 2004 which was without T.V. number and date and also was not in a proper format. In other paragraph, statement has been made that final withdrawal application vide letter no. 566 dated 15.05.2008 was submitted by the Senior Officer Incharge, Establishment, Jehanabad without furnishing any detail of deduction. In
Patna High Court CWJC No.25525 of 2019(3) dt.23-06-2020 3/3 paragraph 10 thereof, statement has been made that GPF Office Jehanabad was continuously issuing letters for the deduction statement of the petitioner for the rest period and apart from the aforesaid letters, GPF Office recently issued letter to the C.O. Ratni Faridpur and C.O. Belaganj to supply details of the same but till date no deduction statement has been furnished.
Considering the aforesaid, the writ petition is disposed of with a direction to the Collector, Jehanabad to take steps for completing all the formalities with regard to final payment of the provident fund amount to the petitioner with statutory interest within a maximum period of two months from the date of receipt/production of a copy of this order failing which the petitioner shall be entitled to 9% per annum on the provident amount amount from the date of retirement till date of actual payment and interest component shall be realised from the erring Circle Officers for non-payment of GPF amount. With the aforesaid observation and direction, the present writ petition stands disposed of.
(Anil Kumar Upadhyay, J) BT/- U