BANSIDHAR MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioners have approached this Court with a prayer for a direction upon the respondents to pay amount of Provident Fund for the period from 01.01.1971 to 31.03.1973 with upto date statutory interest i.e. till the date of actual payment. The case of the petitioners lies in a narrow compass. The petitioners were appointed as teachers in different Schools in between the year 1948 to 1970 and retired from their services in between the years 1987 to 2010. It is the specific case of the petitioners that after taking over of Non-Government Elementary Schools by the State Govt. w.e.f. 01.01.1973, pursuant to Govt. Resolution dated 09.01973, the pay-scales of the teachers of such Schools were revised and arrears of salary for the period from 01.01.1971 to 31.03.1973 were decided to be deposited in the Provident Fund Accounts of the Teachers of such Schools. Thereafter, the provident fund amount of petitioner Nos. 1 to 5 and late husband of petitioner Nos. 6 to 9 have been recorded and shown in Prapatra-1 prepared by the District Superintendent of Education however, they have not been paid their respective Provident Fund for the period from 01.01.1971 to 31.03.1973. The petitioners have approached before the respondent-authorities for payment of the said amount in view of the fact that similarly situated persons have already been extended the said benefits but all went in vain and as such, the petitioners have been constrained to knock the door of this Hon'ble Court.

(3.) At the very outset, Mr. Akshay Kumar Mahato, learned counsel for the petitioners submits that this writ application is squarely covered by the order passed by this Hon'ble Court on 15.02018 in W.P.(S).No. 2376 of 2016 and as such, this case may be disposed of in terms of orders passed in the aforesaid case. On the other hand, no counter-affidavit has been filed on behalf of the respondents, however, learned counsel appearing on behalf of the respondents very fairly submits that issues involved in this writ petition has already been decided by the Hon'ble Court on 15.02018 in W.P.(S).No. 2376 of 2016 and the present writ petition may be disposed of in view of order passed in above mentioned case.