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2010 DIGILAW 863 (PAT)

Kailash Choudhary v. The State Of Bihar

2010-04-21

JYOTI SARAN

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JUDGEMENT Jyoti Saran, J. 1. Mr. Vishawambhar Prasad, learned Counsel for the petitioner, Mr. Rakesh Ambashtha, learned Assisting Counsel to AAG-5 for the State, Mr. Arun Kumar, learned Central Government Counsel for the Union of India and Mr. Rakesh Kumar Singh, learned Counsel representing the Accountant General, Bihar, Patna are present. 2. Pursuant to the directions of this Court, a counter affidavit together with a show cause has been filed on behalf of the respondent No. 6, the Secretary, Ministry of Youth Affairs, in which it has been stated that the monthly deductions towards provident fund were forwarded by way of demand draft each month by the Accounts Officer, Ministry of Youth Affairs and Sports, Government of India, to the Accountant General, Bihar, Patna for depositing the same in the petitioners G.P.F. account. 3. It is thus contended that despite the said position, the petitioner has complained of the non-payment of the amount during his posting at Nehru Yuva Kendra during the period September, 1979 to December, 1995. It is thus submitted that since after the forwarding of the monthly draft to the Accountant General, Bihar, Patna, the role of the Union of India was completed and whereafter, it was for the Accountant General, Bihar, Patna and the concerned department of the State Government to take steps for payment of the same. 4. Mr. Arun Kumar, with reference to a letter dated 30.3.2010 (Annexure-D to the show cause), submits that no further action is required to be taken at the level of the Union of India and its authorities and now the matter has to be resolved by the Accountant General, Bihar, Patna and the State Government. He has also enclosed a letter dated 13.4.2010 (Annexure-E to the show cause) issued from the office of the Accountant General, Bihar Patna asking the Joint Commissioner, Accounts Administration, Provident Fund Directorate and the District Provident fund Officer, Gaya to take steps for payment of the G.P.F. claim of the petitioner relating to the period September, 1979 to December, 1995, in the light of ,the communication received from the Govt. of India. 5. A counter affidavit has also been filed by the said respondents reiterating the same position. 6. Mr. Rakesh Ambashtha, appearing on behalf of the respondent Nos. 1 to 4 prays for a short adjournment to verify the position and file counter affidavit. The prayer is rejected. 7. of India. 5. A counter affidavit has also been filed by the said respondents reiterating the same position. 6. Mr. Rakesh Ambashtha, appearing on behalf of the respondent Nos. 1 to 4 prays for a short adjournment to verify the position and file counter affidavit. The prayer is rejected. 7. In view of the statement made in the show cause/counter affidavit filed on behalf of respondent No. 6 today, the Joint Commissioner, Accounts Administration, Provident Fund Directorate as well as the District Provident Fund officer, Gaya respondent No. 4 are directed to take appropriate and prompt steps towards the redressal of the grievance of the petitioner and make payment thereof together with the admissible statutory interest calculated until the date of its payment and accompanied by a calculation chart, within a period of four weeks from the date of receipt/production of a copy of this order. 8. The petitioner, if aggrieved by the calculation made in the calculation chart, may Braise his grievance before the authority concerned and which would be considered and disposed of in accordance with law within a period of three months from the date of filing of such representation. 9. With the aforesaid directions, the writ petition is disposed of.