LAWS(CAL)-2014-12-78

SHIBA PADA SARKAR Vs. THE UNION OF INDIA

Decided On December 24, 2014
Shiba Pada Sarkar Appellant
V/S
THE UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS is one of the unfortunate case where a person is made to suffer without any fault on his part in the hands of the employer.

(2.) THE petitioner was working as a Constable in Central Reserve Police Force and opted for voluntary retirement with effect from 31st July, 2012. At the time of voluntary retirement, the petitioner was posted at Imphal in the State of Manipur. The petitioner came back to his native place at Village -Janail, P.O. Aminpur, Dist. Dakshin Dinajpur, West Bengal. The petitioner issued a letter from his native place to the Assistant Account Officer (GPF), Pay and Account Office situated at New Delhi, claiming the release of the General Provident Fund amount and to remit the same to his bank account through Electronic Clearance System (ECS).

(3.) SINCE the said amount is not recorded in the statement issued by the petitioner's banker, the petitioner apprises the authorities that those have not been deposited in his bank account. The authority by its letter dated 7th September, 2013 accepted their mistake that the said amount has been remitted to somebody else account and steps are being taken to get the return of the same so that it may be remitted to the account of the petitioner. Since the authorities were showing their reluctance and inaction in promptly addressing the issue, the petitioner was constantly knocking the doors of the authorities to remit the General Provident Fund amount to his account.