LAWS(PAT)-2011-7-73

DALIT PASWAN Vs. STATE OF BIHAR

Decided On July 28, 2011
Dalit Paswan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri J.S. Arora, learned Standing Counsel No. VI, who appears on behalf of all the Respondents/State of Bihar.The present writ petition has been filed with a limited prayer to direct the respondents to make payment of interest on delayed payment of amount under the head of Group Provident Fund till the date of issuance of authority slip.

(2.) The petitioner had retired with effect from 30.4.2000 from the post of Joint Secretary, Labour Employment & Training Department, Government of Bihar, Patna. The petitioner has claimed that he submitted withdrawal form relating to payment of G.P.F. amount within specified time and as such the authority concerned was required to make payment of interest on G.P.F. amount till the date of authorization.

(3.) Learned counsel for the petitioner has drawn my attention to 'Annexure-1' to the writ petition i.e. authorization issued by the Directorate of Provident Fund/District Provident Fund Office. He submits that perusal of 'Annexure-1' makes it clear that interest on the amount of G.P.F. was calculated till the month of October 2000, whereas, authorization was issued on 11.10.2002. He submits that in the present case laches was not on the part of the petitioner but due to laches of the authority concerned delay had occurred in payment of the G.P.F. amount, and as such, the petitioner was entitled to get statutory interest till the date of authorization. In support of his argument learned counsel for the petitioner has relied on a Division Bench judgment of this Court State of Bihar & Ors. vs. Ram Pavitra Singh, 2010 3 PLJR 906.