JAYANTILAL KESHAVLAL DORIWALA Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) . A very short point has arisen in the instant case inasmuch as the petitioner has prayed for an appropriate Writ to command the respondent to make payment towards the interest on the Provident Fund amount of the petitioner for the month of September 1992. The 45 grievance of the petitioner is that the petitioner is entitled to interest on the amount of Rs. 4,40,209.00 for the month of September 1992, as the cheque was not remitted till 25th day of September 1992 as per the Scheme.

(2.) . Mr. M. R. Anand, learned Advocate appearing for the petitioner has drawn the attention of the Court to the various documents on record indicating, inter alia, that although the cheque is dated 24th September 1992, it was sent to the Bank by a forwarding letter dated 29th September 1992 and it was despatched on 30th September 1992. There is letter of the Bank showing that the same was sent for clearance subsequently. It is further submitted that notwithstanding the date appearing on the cheque as 2-9-1992, the same would be of no effect unless it is remitted within the period as indicated in the Scheme Delay in remitting the cheque would not permit awarding payment of interest to the petitioner.

(3.) . Affidavit-in-reply has been filed on behalf of the respondent. Mr. Ajmera, learned Advocate appearing for the respondent has very nicely argued that the authorisation as appearing in the Scheme will not entail the authorities to remit the cheque by 25th day of the particular month. He submitted that authorisation of payment may be made within 25th day of particular month, but if there is any delay in the ministerial work in despatching, the same cannot be construed as a clog on the part of the administration.