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2010 DIGILAW 293 (JHR)

Kamleshwar Pandey v. State Of Jharkhand

2010-02-25

D.N.PATEL

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JUDGMENT : D.N. Patel, J. Learned Counsel for the petitioners submitted that the arrears of salary for the period running from 1st January, 1971 to 31st March, 1973, has not been deposited in their provident fund accounts in time and therefore, had there been prior deposition of the amount in time, the petitioners would have earned the interest upon the said amount of the provident fund and therefore, amount of interest may be ordered to be paid to the petitioners. It is also contended by the learned Counsel for the petitioners that let a direction may be given to respondent No. 3 to calculate the amount of interest and make the payment, within stipulated time. 2. I have heard learned Counsel for the respondents, who has submitted that it is true that on earlier occasion also, a Division Bench of this Court has given a direction, as stated in L.P.A. No. 651 of 2002, vide order dated 30th April, 2003, which is a firmed by the Hon'ble Apex Court in Special Leave to Appeal (Civil) No. 5803 of 2004, as per Anneuue-3 to the memo of the present petition, that the amount of interest upon die arrears of salary for the aforesaid period shall be calculated by respondent No. 3, in accordance with law. 3. In view of the aforesaid submissions, I hereby direct respondent No. 3 to calculate the interest upon the arrears of salary for the period running from 1st January, 1971 to 31st March, 1973, which has not been deposited in time, in the contributory provident fund accounts and therefore, had there been a deposition of the aforesaid amount in time, the petitioners would have earned the interest upon the said amounts, which is fixed for contributory provident account and interest applicable thereupon, at the relevant time from 1971 onwards It has been decided by the Division Bench of this Court in L.P.A No. 651 of 2002 which, reads as under: In the present appeal, the appellant's grievance is confined to the payment of interest on the aforesaid amount of Rs. 3033/-. We find that in the year 1973 itself the Government had taken decision to deposit the amount of arrears of salary of the teachers in their provident fund account. Hence, if the arrears of Rs. 3033/-. We find that in the year 1973 itself the Government had taken decision to deposit the amount of arrears of salary of the teachers in their provident fund account. Hence, if the arrears of Rs. 3033/- in the appellant's case was deposited in 1973 he would have earned the interest thereon prescribed for the provident fund amount. It was clearly default on the part of respondents, for which the appellant cannot be made to suffer. In our view, therefore, the appellant is entitled to get the amount of statutory interest treating the aforesaid sum of Rs. 3033/- as part of his provident fund amount, for the period from 1.4.1973 to 6.4.2000. This appeal is disposal of with aforesaid direction. The aforesaid order was carried out in SLP by the State bearing S.L.P.(C) No. 5803 of 2004 and that SLP has already been dismissed by the Hon'ble Supreme Court vide order dated 26th July, 2004. The said order is at Annexure-3 to the memo of the present petition. 4. In view of the aforesaid decision also, I hereby, direct respondent No. 3 to calculate the amount of interest for delayed payment of arrears of salary for the period from 1st January, 1971 to 31st March, 1973, at the prevailing rates from 1971 onwards, within period of sixteen weeks, from the date of receipt of a copy of an order of this Court and shall make the payment, within further period of two weeks to the petitioners, thereafter. 5. In view of the aforesaid observations and directions, this writ petition is disposed of. 6. I hereby, also direct the Chief Secretary of the State of Jharkhand, to circulate this order to all the Directorates of State Provident Fund and the District Provident Fund Officers of every .respective districts, so that multifarious ness of the writ petitions can be avoided. I have come across not less than one dozen similar types of matters with a prayer of interest upon delayed payment of arrears of salary for the period running from 1st January, 1971 to 31st March, 1973 which is deposited in General Provident Fund Account. I have come across not less than one dozen similar types of matters with a prayer of interest upon delayed payment of arrears of salary for the period running from 1st January, 1971 to 31st March, 1973 which is deposited in General Provident Fund Account. The decision rendered by the Division Bench of this Court at Annexure-2 and the order passed by the Hon'ble Supreme Court in SLP under Article 136 of the Constitution of India, which is at Annexure-3 to the present petition shall also be supplied to all the aforesaid officers by the Chief Secretary of the State of Jharkhand alongwith this order so that same type of matters can be avoided and the citizens can be benefited by the aforesaid decisions. 7. Registry of this Court is directed to send a copy of this order to the Chief Secretary of the State of Jharkhand.