KEDAR NATH JHA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) IN this writ petition, petitioner is aggrieved on account of non -payment of the amount of G.P.F. with statutory interest, leave encashment for 240 days and refund of security deposit of Rs. 500/ - on his retirement on 31.12.1989 while posted at Deoghar Anchal under Deputy Commissioner,Deoghar (Respondent no.1).

(2.) NOTICE of this writ petition was served on the Respondents through the learned Advocate General representing the State of Bihar and its officials and through the Central Government Standing Counsel representing the Accountant General, long back on 23.8.1999. However, despite service of notice, no counter affidavit was filed on behalf of the State -Respondents.

(3.) ON 8.5.2000 counter affidavit was filed on behalf of Respondent nos. 1 and 2 along with supplementary counter affidavit on behalf of Respondent nos. 1, 2 and 3, in paragraph 5 of which it is stated that the petitioner has been paid G.P.F. amount due along with uptodate statutory interest and in this connection three authority slips amounting to Rs. 8,548/ -, 13,631/ -and 1,156/ - have been annexed as An -nexure -A series. However, in subsequent paragraph, it is stated that because of late filing of the petition for final withdrawal by the petitioner i.e. on 24.1.2000 he was not entitled to interest for the belated period as per the notification of the Finance Department, Bihar, Patna, contained in Memo no. 3373 dated 6.5.1988 (Annexure -B). With respect to the earned leave, it is stated that the same has been paid vide Annexure -D on