LAWS(ALL)-2007-3-82

DAYA SHANKER TIWARI Vs. STATE OF U P

Decided On March 20, 2007
DAYA SHANKER TIWARI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD Sri A. N. Bhargava, learned counsel for the petitioner, learned standing counsel for the respondent Nos. 1, 2 and 3 and Sri Satish Chaturvedi, learned counsel appearing for respondent No. 4.

(2.) IN short the grievance of the petitioner is that he retired from the post of Boring Mechanic in the year 1999 from the department of Minor Irrigation, State of U. P. However, his outstanding dues of General Provident Fund (in short 'G.P.F.') has not been paid by the respondents despite several representations and therefore, present writ petition has been filed.

(3.) THE Accountant General, U. P., Allahabad, impleaded as respondent No. 4, has also filed a counter-affidavit stating that 90% amount of G.P.F. is to be paid by the Drawing and Disbursing Officer and after payment thereof the sanctioning authority shall forward the case to the office of the Accountant General alongwith necessary papers for authorization of residual 10% amount of G.P.F. It is further stated that probably 90% amount of G.P.F. has not been paid by the Drawing and Disbursing Officer though it has been asked to make the said payment vide respondent No. 4's letter dated 13.4.2004, a copy whereof has been filed as Annexure-1 to the counter-affidavit.