BRAHMDEO SAH Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) Seeking exception to an order dated 22.09.2015 passed by the writ Court in Civil Writ Jurisdiction Case No. 9454 of 2011, this appeal has been filed under Clause-X of the Letters Patent.

(2.) The only question involved in this appeal is as to whether the learned Writ Court was right in disallowing the statutory interest payable to the petitioner under the provident fund scheme and only directing for payment of interest at the rate payable by nationalized bank i.e. 5 per cent as is paid for a deposit kept under savings bank account.

(3.) The facts in nutshell go to show that the appellant retired from the service of the University in question. Even though he retired in the year 2001 when there were disputes with regard to calculating his actual length of service including the G.P.F. The matter came to this Court at the instance of the appellant in Civil Writ Jurisdiction Case No. 6076 of 2002 and the said Writ Petition was decided by a Bench of this Court on 29.11.2005. In the aforesaid case, it has come on record that after retirement of the petitioner in January, 2001, his provident fund was settled only in 2004 and no statutory interest was paid for the period when the provident fund amount was in deposit with the employer till its payment in the year 2004.