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Jharkhand High Court · body

2009 DIGILAW 298 (JHR)

Sarbeshwar Singh Sardar v. State of Jharkhand

2009-02-25

D.G.R.PATNAIK

body2009
JUDGMENT : Prayer in this writ application has been made for directing the respondents to furnish a copy of the calculation chart of the General Provident Fund Account of the petitioner and also to pay the balance of the G.P.F. amount along with up to date statutory interest. 2. The petitioner was employed as Trained Stockman in the office of the District Animal Husbandry Officer, Dumka on 22.07.1958 and he was allotted a Provident Fund Account No. VA-22657 by the Accountant General, Bihar. The Account Number was subsequently changed as Vet3255 and later on again to SGB/Vet 98. The petitioner’s contention is that he had made regular contribution towards G.P.Fund from his salary account. The petitioner thereafter filed his representations before the Accountant General, Bihar and the Director of Provident Fund, Bihar on 27.09.2004 praying for sending the balance statement of the G.P.Fund up to 1981-82 to the District Provident Fund Officer, Singhbhum as because the G.P.Fund account was maintained by the Accountant General till 1981-82. Pursuant to the petitioner’s representation, the Accountant General, Bihar, Patna issued two instructions to the District Provident Fund Officer, Singhbhum. These instructions contained a communication regarding the G.P. Fund Account No. Vet-3255 which was a communication of wrong number as the said number was allotted to one S.N.Thakur. A further communication was issued by the Accountant General instructing that if there is any discrepancy in the account of the petitioner, the District Provident Fund Officer should collect the attested details of deposits and withdrawals till 1981-82 from the respective Drawing and Disbursing Officer and maintain the account of the petitioner in his office. The petitioner’s grievance is that despite such instructions and despite lapse of more than three years, the instructions have not been followed by the District Provident Fund Officer and neither has the balance of the G.P. Fund been given to him nor has the statement of the G.P.Fund Account been furnished to the petitioner. 3. Learned counsel for the respondent State is present. 4. Though no counter affidavit has been filed, but from the perusal of the annexures to the writ application, it does appear that the petitioner was employed in the office of Animal Husbandry Officer in the district of West Singhbhum and had superannuated in the year 1995. 3. Learned counsel for the respondent State is present. 4. Though no counter affidavit has been filed, but from the perusal of the annexures to the writ application, it does appear that the petitioner was employed in the office of Animal Husbandry Officer in the district of West Singhbhum and had superannuated in the year 1995. It also appears from the annexures that though part payment of the G.P.Fund was made to him, but the payment for the years 1981-82 has not been given and further, though the G.P.Fund amount has been paid for the year 1992 to 1995, but no statutory interest has been paid for such delayed payment. It also appears that inspite of repeated demands of the petitioner, the statement of his G.P.Fund account has not been furnished to him, inspite of the directions of the Accountant General to the concerned District Provident Fund Officer. 5. Considering the aforesaid facts and circumstances, the petitioner shall file a fresh representation before the concerned authorities namely the Respondent No. 2 and if necessary, before the District Provident Fund Officer, Saraikella also, raising his claim and stating the grounds in support thereof and within two months from the date of receipt of representation, the concerned respondent shall dispose of the representation by passing a reasoned and speaking order and if any such amount as claimed by the petitioner towards arrears of G.P.Fund amount is found payable, then the concerned respondent shall ensure that such payments are released and paid to the petitioner within the period stipulated above. The respondents shall also forthwith furnish a detailed statement of G.P.Fund account of the petitioner within the period stipulated. With these observations, this writ petition is disposed of at the stage of admission itself. Let a copy of this order be given to the counsel for the respondent State.