ABDUL HAKIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner is aggrieved by the order dated 14.11.2003, contained in Annexure 7, whereby and whereunder he has been superannuated from the service with retrospective effect from 31.1.2003 as per the date of his superannuation because by mistake he was not made to superannuate from that date and consequently by order dated 29.3.2004, contained in Annexure 8/1, a sum of Rs. 66, 452/ - has been recovered.

(2.) A counter affidavit has been filed on behalf of the District Provident Fund Officer, Samastipur (respondent no. 8) and a separate counter affidavit has been filed on behalf of the Collector, Samastipur, Additional Collector, Samastipur, Sub -divisional Officer, Dalsingsarai and Anchal Adhikari, Ujiarpur (respondents no. 2 to 5 respectively). From the said counter affidavits it appears that for the G.P.F. amount, a cheque for Rs. 2,13, 360/ - was issued on 3.9.2004 and the same has been produced for payment to the petitioner. According the said cheque has been handed over to the learned counsel for the petitioner.

(3.) LEARNED counsel for the State in view of the law settled has not been able to contest the said claim of the petitioner. Accordingly, this Court directs that the statutory interest on the said amount of G.P.F. for the months of August and September, 2004 shall also be paid to the petitioner within a week of the receipt/ production of a copy of this order.