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Patna High Court · body

2007 DIGILAW 1366 (PAT)

Rameshwar Sharma v. State Of Bihar

2007-08-17

AJAY KUMAR TRIPATHI

body2007
Judgment 1. Heard counsel for the parties. 2. In terms of the earlier directions of this Court dated 3.8.2007 the District Provident Fund Officer, Patna and District Superintendent of Education, Patna are present in person. The reason why their personal appearance was ordered by this Court was because the earlier direction with regard to furnishing of the calculation chart of G.P.F. account was not complied or carried out. 3. Way back in the year, 1984 vide an agreement between the Accountant General and the State of Bihar, the G.P.F. accounts of employees of the State were transferred to the State Government on as is where is basis but these more than twenty two years has not been enough for them to put their house in order, No efforts have been made to see that the missing entries which are the bone of contention of many a retired employees are obtained and updated. Many litigations are carried to the Court on this issue alone. In many cases it has also been noticed that even though the G.P.F. amount is paid, steps are not taken to see that this includes the period for which there are missing entries. There are also instances where the employee is not satisfied with the calculation because the details of the payments and the deductions are not provided. These are matters of accounting and the respondents have a duty to satisfy the employees that all the statutory deductions and interest paid under the head of G.P.F. is truly reflected in the accounts and the payments are made accordingly. 4. The Court, therefore, is of the opinion that a direction is required upon the Director, Provident Fund, Government of Bihar. Henceforth they shall furnish a chart containing the details of the G.P.F. deductions and the interest calculated on the same for every employee while settling their claims under the G.P.F. head. The Director, Provident Fund shall issue necessary directions to all the District Provident Fund Officers in this regard forthwith. 5. The court will have occasions in future to consider such claims and it is hoped that it is not confronted with a matter where there is violation of this direction which are being issued today, as the same may be treated as a deliberate and intentional violation on the part of provident fund authorities. 6. 5. The court will have occasions in future to consider such claims and it is hoped that it is not confronted with a matter where there is violation of this direction which are being issued today, as the same may be treated as a deliberate and intentional violation on the part of provident fund authorities. 6. In so far as the present case is concerned, today a detailed chart of the calculation has been brought on record. Learned counsel for the petitioner submits that prima facie he is satisfied but in case the petitioner feels that there is still something amiss then liberty ought to be granted to him to approach the authorities with his claim for any missing entry or for the period for which no payment has been made. 7. The personal appearance of District Superintendent of Education and the District Provident Fund Officer is hereby dispensed with. 8. This writ application is disposed of with a direction for strict compliance by the provident fund authorities. 9. A copy of this order may be handed over to G.A. I for communication to Secretary, Finance and Director, Provident Fund, Government of Bihar for compliance.