LAWS(JHAR)-2009-6-19

MAHESH PRASAD GUPTA Vs. STATE OF JHARKHAND

Decided On June 27, 2009
MAHESH PRASAD GUPTA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD Shri S.N. Pathak, learned counsel for the petitioner and JC to GP -I for the respondent State as also Shri S. Shrivastava, learned counsel for the respondent no. 5.

(2.) THE petitioner in this writ application has prayed for a direction to the respondents to pay a total sum of Rs. 1,52,513/ - which is the amount payable to the petitioner together with interest for the financial loss which he had suffered due to faulty and incorrect calculation chart prepared by the respondent Provident Fund Authorities in respect of the amounts of the GPF payable to the petitioner.

(3.) COUNTER -affidavit has been filed on behalf of the respondent State wherein the entire claim of the petitioner has been denied and disputed. It is contended that the calculation followed by recalculation of the amount of the retiral benefits payable to the petitioner was made and the entire amounts under different Heads was duly paid off to the petitioner and no amount of retiral dues is left unpaid. It is also explained that there was no error in the calculation of the payable GPF amount by reckoning the closing and opening balance of the year 1970 -71 and the statement in the counter -affidavit filed on behalf of the respondents suggests that the opening balance of the year 1970 -71 was Rs. 3,614/ - and accordingly, the amount which was due and payable to the petitioner towards GPF amount was calculated and paid off to the petitioner. It is further stated that the petitioner appears to be harping on misconception of facts and imaginary calculation for claim of financial loss of Rs. 1,52,513/ - on the ground of any mistake or alleged alteration in the accounts.