LAWS(PAT)-2019-1-129

DR. PARASNATH SINGH Vs. THE STATE OF BIHAR

Decided On January 04, 2019
Dr. Parasnath Singh Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Accountant General, Bihar, Patna.

(2.) Petitioner in the present writ application prays for direction to pay the difference amount of interest on GPF which has not been paid to him. Petitioner retired from the post of District Animal Husbandry Officer, Nawada on 30/6/2008. Earlier the petitioner had moved this court in C.W.J.C. No. 13056 of 2015 which was compromised before the Lok Adalat with a direction that any interest accruing on GPF would be calculated and paid within three months, through award of the Lok Adalat dtd. 8/7/2017.

(3.) A counter affidavit has been filed by the respondent no. 3 stating therein that as per the notification issued by the Finance Department of the Government of Bihar which is Annexure- E dtd. 6/5/1988, the details of contribution of the retired employee if submitted after six months, interest on GPF would not be payable and refers to a Full Bench decision as contained in Annexure-F and reported in 2015 (1) PLJR 568 stating therein that if the retired employee has not submitted his formal application within six months, the State Government is under no obligation to pay interest over the outstanding amount of provident fund. The petitioner had submitted his Final Withdrawal Application form only on 13/4/2012 as stated in Para-3 of the counter affidavit filed by Respondent no. 3.