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2015 DIGILAW 865 (JHR)

Chakradhar Yadav v. State of Jharkhand

2015-07-28

APARESH KUMAR SINGH

body2015
Order Heard counsel for the parties. 2. These 23 petitioners seek payment of arrears of difference of salary for the period 01.01.1971 to 31.03.1973 along with statutory interest on the strength of their claim that the difference of arrears of salary for the said period was deposited in the General Provident Fund Account of the petitioners, as per Resolution No. 763 dated 09.02.1973 of the Education Department, Government of Bihar, but the amounts have remained unpaid. 3. Petitioners are retired teachers of Elementary Schools within the district of Godda. They rely upon a Division Bench Judgment of this Court rendered in LPA No. 651/2002 (Hare Ram Pandey Vs. The State of Jharkhand & others) whereunder, it was held that the appellant is entitled to the amount of statutory interest on the arrears of salary deposited in their GPF Account for the relevant period. 4. It is submitted that all these Elementary Schools were nationalized with effect from 01.01.1971 in view of Government Resolution No. 763 dated 09.02.1973 and it was provided that teachers shall be entitled to get prescribed scale of pay of Government Teachers with effect from 01.04.1973 and arrears of salary for the period 01.01.1971 to 31.03.1973 shall be deposited in their Provident Fund Account. Counsel for the petitioners submits that by the same ratio, petitioners also are entitled for payment of interest over the aforesaid amount for the said period. 5. Respondent Nos. 5 and 6 who are the Directorate of General Provident Fund and District Provident Fund Officer, Godda in their counter affidavit, have referred to the ratio laid down by the Division Bench of this Court in LPA No. 651/2002. In the averments of the counter affidavit, it is indicated that the Directorate of General Provident Fund was created in the year 1985-86 and all deposits in the respective GPF Account for the period prior to that date including any deposits made for the period 01.01.1971 to 31.03.1973, were the responsibility of the concerned District Superintendent of Education, Godda in the instant case. Therefore, if all necessary details relating to such deposits in respect of petitioners are forwarded with necessary documents, then after proper examination and verification, if they are admissible, Authority Slip can be issued for payment to the concerned Drawing and Disbursing Officer by the District Provident Fund Officer, Godda. 6. Therefore, if all necessary details relating to such deposits in respect of petitioners are forwarded with necessary documents, then after proper examination and verification, if they are admissible, Authority Slip can be issued for payment to the concerned Drawing and Disbursing Officer by the District Provident Fund Officer, Godda. 6. Counsel for the respondent State submits that in view of the stand furnished by the Respondent no. 5 and 6, petitioners may be directed to approach the Respondent No. 4 -District Superintendent of Education, Godda for due verification of their relevant claims and if it is substantiated through official record, then Respondent No. 4 may be directed to forward the necessary details to the office of Respondent No. 6-District General Provident Fund Officer, Godda for processing and settlement of the aforesaid claim of the petitioners. 7. Taking into account the aforesaid relevant materials facts on record and submissions of the parties, without making any comments upon the merits of the petitioners' case, the writ petition is being disposed of by giving liberty to the individual petitioners to approach the Respondent No. 4-District Superintendent of Education, Godda for redressal of the aforesaid grievances, duly supported with all necessary facts and documents. The Respondent No. 4, on examination of the individual claims of petitioners, if satisfied about its genuineness and admissibility from the official record, would forward the relevant details along with documents to the office of the Respondent No. 6-District General Provident Fund Officer, Godda for processing and settlement of the claim of the individual petitioners in accordance with law within a period of twelve weeks from the date of receipt of individual representation. The Respondent No. 6, on receipt of such documents from the office of the Respondent No. 4 in respect of individual petitioners, would process the claim after due verification and if it is found admissible, amounts be released along with statutory interest within a period of six weeks thereafter. 8. The writ petition stands disposed of accordingly.