MIRZA SULTAN HAIDER Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition prayer on behalf of the petitioner is to direct the Accountant General, Bihar, Patna for transfer of his General Provident Fund dues from 1958 to 1982 to the office of the District Provident Fund Officer, Bhagaipur and for payment of the entire provident fund dues with up -to -date statutory interest as well as penal interest and cost.

(2.) IN short, the relevant facts are that the petitioner initially joined the Agriculture Department, Bihar as Horticulture Inspector at Patna. Later he was promoted as, Assistant Seed Production Officer, Patna under the Potato Development Officer, Patna, Bihar. He was transferred to Bhagaipur from where he retired on 31.1.1990 while posted as Assistant Vegetable Extension Officer, Bhagaipur under the District Horticulture Officer, Bhagaipur. The petitioner duly applied for transfer of G.P.F. amount deposited in the office of Accountant General from 1958 - 59 to 1982 -83, the period when he was posted at Patna and account was maintained by the Accountant General 'soffice, and also for payment of the remaining entire G.P.F. amount deposited in his account till his retirement. It is stated that such applications were made by him in January 1991, February 1992, March 1993, April 1994, May 1995, June 1996, July 1997 and on 17.11.1998. A true copy of the last application has been annexed as Annexure -1. It is further stated that the District Provident Fund Officer, Bhagaipur also wrote several letters to the A.G., Bihar vide letter no, 1115 dated

(3.) A counter affidavit has been filed on behalf of District Provident Fund Officer, Samastipur (Respondent no. 3), in which it is stated that for the first time he came to know with regard to the pendency of this case on 26.3.2001. Immediately after receipt of the order of this Court, he inquired the matter and on enquiry it appeared that his office has not received the balance amount of provident fund up to the period 1981 -82 from the office of Accountant General, Bihar, Patna, as stated in letter dated 12.4.1999 (Annexure -3) issued by the Accountant General, Bihar, Patna. He has admitted about the receipt of legal notice on behalf of the petitioner and immediately after receipt of it his office vide Memo no. 474 dated 27.10.2000 informed the counsel of the petitioner that no such deduction balance sheet of G.P.F. of the petitioner was received in his office from the Accountant General.