HARE RAM PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prayer, made in the Writ Application was for a direction upon the respondents to pay General Provident Fund amount contributed by the petitioner for the period 1.1.1971 to February, 1986 together with statutory interest as well as penal interest till the date of payment and for payment of interest accrued towards difference of arrears of pay on account of the pay revision for the period 1.1.1971 to 31.3.1973. According to the petitioner, this amount has been diverted/deposited in the General Provident Fund Account and the same was paid to the petitioner much after his retirement in 1998 without interest.

(2.) FROM a perusal of the counter affidavit filed by the respondents it is apparent that the petitioner has been paid Rs. 1,95,034 towards General Provident Fund for the period March 1986 to November 1997 on 29.8.1998. It also appears that the petitioner was paid Rs. 10,750/ - as the GPF amount with interest for the period January 1971 to November 1976 and again Rs. 29,193 for the period December 1976 to February, 1986.

(3.) THE respondents have also stated that after recalculation of interest on the GPF amount the authority slip for a further sum of Rs. 60,655/ - was also paid to the petitioner. It has also been stated in the Counter Affidavit that a sum of Rs. 8897/ -was found payable towards interest and a Bank Draft for sum of Rs. 8867/ - is ready for payment after adjusting Bank Commission of Rs. 30/ -. However, they have stated that the petitioner is not receiving such payment despite several requests. According to the respondents, the Petitioner has been paid the entire GPF amount together with interest and no GPF amount is due before the Respondent No. 5. In short, the respondents have stated that they have paid the following sums : - -