SURENDRA PRASAD THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Claiming payment of interest at the statutory rate on the amount of G.P.F. accumulated between the period April, 1997 and 18.08.2013, the petitioner has approached this Court for issuance of writ of mandamus to the respondents for payment of the same.

(2.) The petitioner joined the Bihar Judicial Service as Munsif on 16.04.1975 and he was compulsorily retired from service by order dated 12.09.1996 under Rule 74 (b) (ii) of the Bihar Service Code. He preferred a writ petition challenging the order of compulsory retirement vide C.W.J.C. No. 10110 of 1996 before the High Court of Judicature at Patna. The writ petition was dismissed by Patna High Court on 30.06.1998 and the Special Leave Petition being S.L.P.(C) No. 16164 of 1998 was also dismissed by the Hon'ble Supreme Court on 29.10.1998. In the meantime, during train journey, on 23.09.1998, the petitioner lost his entire service record and G.P.F. papers and he lodged a theft report at G.R.P., Chitranjan vide Station Diary Entry No. 477 of 1998 dated 23.09.1998. After he collected all relevant papers, the petitioner approached the District and Sessions Judge, Palamau at Daltonganj for final withdrawal of G.P.F. amount in the month of September, 2004 and his application was forwarded to the Jharkhand High Court vide letter dated 25.09.2004. As the petitioner was compulsorily retired from service before creation of the High Court of Jharkhand, his application was sent back to the District and Sessions Judge, Palamau at Daltongaj who forwarded the same vide letter dated 27.01.2005 to the Patna High Court. It is stated that the petitioner thereafter approached the Registrar General, Patna High Court for the aforesaid claim but without any result and therefore, he again wrote letter dated 07.08.2010 to the District and Sessions Judge, Palamau for issuing a reminder to the Patna High Court for payment of G.P.F. amount to him. Vide letter dated 29.08.2011, from the Patna High Court, the petitioner was communicated that since the letter dated 27.01.2005 of the District and Sessions Judge, Palamau has not been received in the High Court, he was directed to submit a fresh application for final withdrawal of G.P.F. accumulation. But before that, vide letter dated 15.04.2011, the Registrar General, Jharkhand High Court intimated the petitioner that his pensionary benefits would be paid by the Government of Jharkhand and accordingly, his pension papers were forwarded from the Jharkhand High Court to the District and Sessions Judge, Daltonganj vide letter dated 29.11.2010 for sending the same to the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand. The petitioner thereafter, again submitted papers for payment of G.P.F. amount in the Office of the District and Sessions Judge, Palamau with a request to forwarding the same to the concerned authority at Ranchi. The Registrar General, Jharkhand High Court vide letter dated 24.08.2011 again forwarded the pension papers (in duplicate) and G.P.F. withdrawal application (in triplicate) to the District and Sessions Judge, Palamau for forwarding the same to the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand. The Registrar General of Jharkhand High Court again wrote letter dated 21.12.2012 to the Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand with a request to look into the matter pertaining to pension and post retiral benefits of the petitioner. And finally, vide letter dated 23.01.2013, the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, accorded approval for withdrawal of final G.P.F. and accordingly, the District Provident Fund Officer, Daltonganj (Palamau) issued the necessary pay slip on 19.08.2013 for an amount of Rs. 390908/. The petitioner thereafter, vide letters dated 18.09.2013 and 07.11.2013 addressed to the Deputy Commissioner, Daltonganj through, District Provident Fund Officer, Daltonganj raised a claim for payment of interest on the amount of Rs. 390908/ from April, 1997 to 18.08.2013. In these facts, the petitioner has approached this Court seeking payment of interest on the G.P.F. amount.

(3.) Mr. Manoj Tandon, the learned counsel appearing for the petitioner submitted that, since the amount of G.P.F. was lying with the respondents from April, 1997 to 18.08.2013 the petitioner is entitled for payment of interest on the amount of Rs. 390908/ for the said period. Relying on order dated 07.05.2007 in W.P. (S) No. 7391 of 2006 and order dated 04.12.2001 in W.P. (S) No. 4557 of 2000, the the learned counsel for the petitioner has submitted that since there is inordinate delay of 16 years, after which the G.P.F. amount was paid to the petitioner, he is entitled for interest for the said period. It is further submitted that, after the petitioner reconstructed the record, he submitted the application for final withdrawal of G.P.F. in September, 2004 however, due to laches on the part of the respondents, the final payment could be made only on 19.08.2013 and therefore, statutory interest on the G.P.F. amount would be payable to the petitioner. The learned counsel appearing for the petitioner relied on the following decisions: "Mahesh Mistry Vs. Ranchi University, Ranchi through Registrar & Others", 2006 4 JLJR 245, "Bharati Prasad Thakur Vs. Sidhu Kanhu University, Dumka", 2002 1 JLJR 491, "Ramavtar Prasad Gupta Vs. Jharkhand State Electricity board, Ranchi and Others",2006 3 JLJR 287, "Damodar Kumar Ojha Vs. State of Jharkhand and Others",2006 2 JLJR 516 , "Akhileshwar Prasad Vs. Jharkhand State Electricity Board", 2006 2 JCR 418, 2008 (3) JLJR 149.