HARI KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Since the common issues are involved in these batch of matters, the same are being heard and disposed of by the common order.

(3.) Apart from several prayers as made in the individual writ petitions, the common prayers in all these writ petitions are for a direction upon the respondents particularly the Respondent No. 7 to 9 (in W.P.S. No. 3017 of 2021) to refund the contribution of the petitioners in the head of Provident Fund in the G.P.F. Account of the petitioner pursuant to old pension scheme which will be provided to the petitioner along with GPF Account Number since the petitioner has opted for the same. Further prayer has been made for quashing Clause-3 of Resolution vide letter No. 143 dtd. 5/9/2022, which states that, <IMG>JUDGEMENT_45_LAWS(JHAR)10_2023_1.jpg</IMG> And the Clause 3 of format of the said Affidavit enclosed as the Annexure-1 of notification No. 148 dtd. 21/9/2022 as well, wherein it has been stated that, <IMG>JUDGEMENT_45_LAWS(JHAR)10_2023_2.jpg</IMG> That if the contribution of the employee made to NSDL is not received then in such circumstance employee shall not claim the same from State Government, as this particular clause is arbitrary in nature denying the legitimate right of the employees to claim contribution made by them to NSDL.