RAGHUNANDAN PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is a retired employee of the State Government as he superannuated with effect from 1.3.1991 while serving as Assistant Project Officer, Animal Husbandry Department at Biharsharif in the district of Nalanda, he has filed this writ application for a direction to the State respondents, particularly the Provident Fund Officer, Nalanda, Biharsharif, Respondent No. 7 to pay his Provident Fund dues with up-to- date interest till the date of payment as other retrial does not paid to him much prior to filing of the writ petition.

(2.) From the counter affidavit filed on behalf of Respondent No. 2 duly affirmed by Leave Reserve Officer of the Animal Husbandry Department it appears that final withdrawal of the G.P.F. deposits of Dr. Raghunandan Prasad Sinha was sanctioned under letter No. 4738 dated 12.10.2004 as petitioner himself was responsible for delay in submitting application for withdrawal of the Provident Fund amount.

(3.) From the counter affidavit filed on behalf of Respondent Nos. 6 and 7, duly affirmed by the District Provident Fund Officer, Nalanda, Biharsharif, it, however, appears that the credit and debit entries in the Provident Fund account of the petitioner for the years 1971-72, 1973-74, 1977-78 to 1981-82 were missing and steps were being taken to up-date those entries and once the entries are updated, authority-slip authorizing payment for those years shall be issued. On the basis of the available entries authority-slip bearing No. 606 dated 16.1.2006 authorizing payment of Rs. 55040/-, as contained in Annexure-A to the said counter affidavit stood already issued. By filing supplementary counter affidavit, Deputy Director, Animal Husbandry Department placed on record letter bearing No. 3677 dated 5th September, 2006, Annexure-"C", whereunder statement of contribution deductions made by the petitioner during the year 1979-80 up to April, 1983 was communicated to the District provident Fund Officer Nalanda, Biharsharif. Having received the statements under letter dated 5th September, 2006, Annexure-C as also other information/ records about the other deposits/contributions made by the petitioner in his Provident Fund account. The Provident Fund Office issued further authorization for payment of a arrears of Rs. 1,52,140/- adding interest up to August, 2006 together with calculation-chart which payment as also the calculation shown in the chart was again disputed by the petitioner by filing reply to the supplementary counter affidavit blacking on record the details of the deposits made by him in his G.P.F. account together with interest earned thereon. The District Provident Fund Officer, Nalanda, Biharsharif thereafter filed Interlocutory Application No. 1337 of 2007 on 28th February, 2007 praying inter alia to recall the interim order dated 22.5.2006 passed in the instant case, whereunder, this Court directed the Provident Fund Officer, Nalanda, Biharsharif to pay up-to-date interest till the date of payment as according to the District Provident Fund Officer withdrawal application was filed much after the date of retirement i.e. on 19.7.2003 and in the circumstances, as per the Circular of the State Government dated 6.5.1988 up-to-date interest was not payable for the period after passage of six months of the date of retirement until the filing of the withdrawal application. In this connection, the District Provident Fund Officer relied on the interim order dated 8.9.2004 passed in Letters Patent Appeal No. 1316 of 2002.