Sheela Verma @ Sheela Kumari Verma v. State of Jharkhand
2015-12-04
APARESH KUMAR SINGH
body2015
DigiLaw.ai
JUDGMENT : By Court: Heard counsel for the parties. 2. Petitioner is in the second round of litigation in respect of claim of remaining GPF amount. She has retired on 31.12.2001 from the post of Lady Health Visitor at Primary Health Centre, Baliapur, Dhanbad. After disposal of the writ petition WPS No. 3105/2003 by order dated 20.04.2009 (Annexure-9), respondents passed a reasoned order in relation to her claim for post retirement dues and in that view of the matter, Contempt Case (Civil) No. 84/2011 was also dismissed by order dated 09.05.2011 (Annexure-10) with liberty to the petitioner to challenge the decision in a fresh writ petition. However, no such reasoned order is on record, neither has it been assailed in the present matter where petitioner has sought remaining amount of GPF of Rs. 60,000/-till 2002-03 with interest in the subsequent years up to 2011-12. 3. Petitioner has alleged that earlier, she has been paid Rs. 1,95,945/-under the GPF head while it should be Rs. 2,45,000/-(Approximately) with interest up to 2002-03 and further interest thereupon which would come to Rs. 1,08,579/-till 2011-12. 4. As it transpires from the counter affidavit filed in the matter, details of the computation of GPF amount together with interest for the relevant periods starting from 1982-83 till the retirement of the petitioner in 2001, have been enclosed as Annexure-B to the counter affidavit filed by the Respondent No. 7 on 01.03.2013. Such chart indicates computation of interest and payment of admissible amount of Rs. 1,93,574/- as calculated by the District Provident Fund Officer, Dhanbad. Counsel for the State has pointed out that payments actually made to the tune of Rs. 1,94,945/- are more than what was admissible along with statutory interest and amount of Rs. 1371/- has been paid in excess which has been asked to be adjusted by the District Provident Fund Officer, Dhanbad through letter dated 20.02.2013 bearing letter no. 780 addressed to the Respondent No. 7. 5. Counsel for the petitioner has relied upon two Circulars dated 29.11.1985 and 07.07.1997 enclosed to the rejoinder to submit that interest at the rate of 12.5% was paid for certain periods starting from 01.04.1985 till 1998-99. It is also submitted that computation has been made at rate of 10.5%. Therefore, some amounts may be still outstanding to the petitioner under the heads of statutory interest of GPF.
It is also submitted that computation has been made at rate of 10.5%. Therefore, some amounts may be still outstanding to the petitioner under the heads of statutory interest of GPF. Therefore, appropriate direction may be issued to the respondent authorities to pay the same in accordance with law. 6. From the factual matrix of the instant case, it appears that the subsisting claim of the petitioner is in relation to a particular rate of interest on the GPF amount for certain periods. In exercise of writ jurisdiction, specially in the background of facts of the case where claim of the petitioner has earlier been determined by a reasoned order which is neither on record, nor impugned herein, this Court cannot enter into that controversy. Whether a particular rate of interest was admissible to the petitioner as per uniform decision of the competent authority in matters of GPF amount deducted from time to time, is dependent upon the scrutiny of all relevant materials, circulars on the point which the petitioner ought to have agitated. 7. Be that as it may, Respondent No. 5 -District Provident Fund Officer, Dhanbad would intimate the relevant Circulars on the point on which computation has been made. If the Respondent No. 5 further finds that computation has been made at a rate of interest other than what was permissible, it would still be open to the concerned respondent to examine the matter and pay any further interest amount admissible to the petitioner under the heads of GPF. Petitioner may therefore approach the respondent authorities with all necessary details for consideration of such claim. Needless to say, in that case, due consideration be accorded by the concerned respondent in accordance with law within a reasonable time. 8. Writ petition stands disposed of accordingly.