JAGDISH MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant application has been preferred by the original-petitioner-Mansa Ram Mahto, for a direction upon the respondent authorities, especially respondent no.5 and 6, for payment of interest on the amount of GPF which has been paid to the original-petitioner after a gap of more than four years. During pendency of this writ application the original-petitioner-Mansa Ram Mahto has died and pursuant to the order dated 06.10.20 passed in this case, his legal heir has been substituted as present petitioner.

(3.) Learned counsel for the petitioner submits that admittedly, the original-petitioner retired from service as Assistant Teacher on 30.04.2009 and the amount of GPF has been paid after a delay of four years vide demand draft dated 29.03.2013. Learned counsel for the petitioner further submits that there were no laches on the part of the original-petitioner and admittedly, the laches has been committed by the respondent-State, inasmuch as, in paragraph no.7 of their supplementary counter affidavit dated 29.08.2017, the respondents has categorically stated that "when the petitioner was transferred from Chalima, West Singhbhum, Chaibasa to Rugari Tamar, Ranchi and mistakenly his GPF balance was sent to the Director GPF Office through letter no.1085 dated 14.12.2006 by the District GPF Officer Chaibasa but his account was maintained is district GPF Office Ranchi".