BALESHWAR SHAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application the only question which arises for consideration is upto which date a person, who submits his resignation voluntarily would be entitled to interest on his general provident fund i.e., from the date of submission of resignation/voluntary retirement or six months after the date when the said resignation/voluntary retirement is accepted.

(2.) THE petitioner, who was at the relevant time, an Officer of the Bihar Agriculture Service, category I, submitted his resignation by letter dated 1-11-1956. THE said resignation was not accepted for a long time. THE petitioner filed a writ petition in this Court, which was registered as CWJC No. 2773 of 1982 and was disposed of by order dated 23-8-1982 whereby a Division Bench of this Court directed the Agriculture Production Commissioner to dispose of the petitioner's representation by 29th September, 1982 positively. It appears that thereafter a notification dated 26th February, 1983 was issued, whereby the petitioner was directed to retire voluntarily with effect from 10-12-1981. THE said notification is contained in Annexure-3 to the writ application. As the petitioner was not paid his provident fund he filed this application.

(3.) THE learned Standing Counsel for the Central Government, however, raised a question that the petitioner was entitled to interest on the sum deposited on his provident fund account only upto six months after the expiry of 1st November, 1967, and not upto the six months on the expiry of 10th December, 1981. In this situation this Court directed that this application shall be heard only on the aforementioned question.