Research › Search › Judgment

Patna High Court · body

2009 DIGILAW 1512 (PAT)

Raj Ballabh Singh Son Of Late Kanhaiya Dayal Singh v. State Of Bihar Through The Secretary, Art, Culture And Youth Department, Bihar, Patna

2009-12-02

SHAILESH KUMAR SINHA

body2009
JUDGEMENT 1. A counter affidavit has been filed on behalf of the Accountant General, Bihar. 2. Heard the learned counsel for the petitioner and the respondent-State of Bihar as also the learned counsel appearing for the Accountant General, Bihar. 3. The grievance of the petitioner is that upon his superannuation from the post of Assistant Superintendent, Physical Education on 31st of December, 1996, he has not received the full and correct amount of the provident fund dues till date. According to the petitioner, on verification of the statement of deductions made from his salary and credited to the G.P.F. account alongwith statutory interest from time to time credited into the said account, it would appear that still a sum of Rs. 3,51,654/- till November, 2009 has remained to be paid over and above the amount already paid by the Department. 4. Learned counsel for the respondent-State submits that in case the petitioner files a representation, the same shall be considered as per law without delay. 5. In the above circumstances, learned counsel for the petitioner submits that for expeditious disposal of the pending claims on account of provident fund dues, the petitioner proposes to file a representation before the District Provident Fund Officer, Nawada (respondent no. 6), with a copy to the District Education Officer, Nawada (respondent no. 4). In case such a representation is filed, with a copy to respondent no. 4, stating his grievances as also enclosing the copy of the relevant documents, if any, in support of such claims alongwith the certified copy of the present order within a period of six weeks, respondent no. 6 shall consider the grievances of the petitioner with regard to the alleged short payment, in accordance with law expeditiously, preferably within a period of four months on receipt of such representation. In case the representation of the petitioner is accepted, the balance amount found payable be paid within the next four weeks thereafter alongwith the statutory interest. While making the payment, respondent no.6 shall also furnish a calculation chart in support of payment already made or to be made, upon consideration of the representation. 6. As regards the claim of the petitioner with regard to. While making the payment, respondent no.6 shall also furnish a calculation chart in support of payment already made or to be made, upon consideration of the representation. 6. As regards the claim of the petitioner with regard to. the provident dues prior to 1973, which, according to him, was maintained by the Accountant General, U.P., Allahabad, it appears from the letter written by the Accountant General, U.P., as contained in Memo No. 76 dated 8.5.2009, vide Annexure-F to the counter affidavit filed on behalf of the State that on account of certain discrepancies in the name of the petitioner, the matter regarding the payment of the provident fund dues prior to 1973 is not cleared. From the letter of the Accountant General it appears that in the record, the name of the petitioner is mentioned as Raj Ballabh Sinha whereas in the letter written by the Accountant General, Bihar, necessary details were sought mentioning the name of the petitioner as Raj Ballabh Singh. 7. Learned counsel for the petitioner submits that as a matter of fact, the name of the petitioner is Raj Ballabh Singh. 8. In the above circumstances, the petitioner is permitted to approach the U.P., Allahabad and clarify with regard to his correct name by justifying his stand that as a matter of fact, Raj Ballabh Singh and Raj Ballabh Sinha is one and the same person having same G.P.F. Account No. 609. 9. The writ application stands disposed of with the above observations/directions.