An application for General Provident Fund payment prior to 1985-86. The Court directed authority verification against W.P.(S).No.6080 of 2001 to determine entitlement, disposing the petition accordingly.
Direct respondents to verify facts vis-a-vis W.P.(S).No.6080 of 2001 and extend benefits if similar within 12 weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.1533 of 2019
Rup Singh Tiriya
... ... Petitioner
-V e r s u s -
CORAM: - THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
For the Petitioner : Mr. M.M. Sharma, Advocate For the Respondents : Mr. Jayant Franklin Toppo, SC (L & C)-III
04/ 20 .06.2019 The petitioner has approached this Court for a direction upon the respondents to make the payment of general provident fund amount with statutory interest for the period prior to 1985-86 as the petitioner has been paid the amount of General Provident Fund with interest for the period after 01.04.1986 till the date of retirement i.e. 31.01.2014.
The factual exposition as has been delineated in the writ petition is that the petitioner after working for a long period, superannuated from his services on 31.01.2014. Thereafter, he received the amount of retiral benefits i.e. leave encashment, group insurance, and part payment of GPF. The pension and gratuity of the petitioner have also been finalized by the respondents. As the amount of General Provident Fund prior to 1985-86 has not been paid to him, he represented before the respondents on several occasions, but no heed was paid. Hence, the petitioner has been constrained to knock the door of this Court.
At the very outset, Mr. M.M. Sharma, learned counsel for the petitioner submits that the issue involved in this writ petition is now no more res integra and this writ application is squarely covered by the order passed on 16.07.2002 by this Hon'ble Court in W.P.(S).No.6080 of 2001 . Learned counsel further submits that this case may be disposed of in terms of orders passed in the aforesaid cases.
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No counter-affidavit has been filed on behalf of the respondents. However, learned counsel appearing on behalf of the respondents very fairly submits that issues involved in this writ petition has already been decided by this Hon’ble Court in W.P.(S).No.6080 of 2001 and if the case of the petitioner is found same and similar to the cases of the petitioners in W.P.(S).No.6080 of 2001, the present petitioner is also entitled for the same benefits.
In view of the fair submissions made by the learned counsel for the parties, this writ application is being disposed of in terms of the orders passed by this Hon'ble Court in W.P.(S).No.6080 of 2001 and if the case of the present petitioner is found same and similar to the cases of the petitioners in W.P.(S).No.6080 of 2001, the present petitioner is also entitled for the same benefits.
Accordingly, I hereby direct the respondents-authorities to verify the factual aspects/ issues involved in the present writ petition vis-à-vis factual aspects/ issues involved in W.P.(S).No.6080 of 2001 and if the facts/ issues involved in the present writ petition is found to be similar to the aforementioned writ petitions, the same benefits may be extended to the present writ petitioner also, in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
With the aforesaid observations, this writ petition stands disposed of.
(Dr. S.N. Pathak, J.)
punit/-
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2 issues framed by the court
Whether the petitioner is entitled to general provident fund with statutory interest for the period prior to 1985-86.
Whether the facts of the present case should be treated similarly to the order passed in W.P.(S).No.6080 of 2001.
Rup Singh Tiriya
The State of Jharkhand
The Deputy Commissioner, District Education Establishment Committee, Chaibasa, West Singhbhum
The District Superintendent of Education, West Singhbhum
The District Provident Fund-cum-Account Officer, Chaibasa, West Singhbhum
The Block Extension Education Officer, Majhgaon Block, West Singhbhum
Dr. S.N. Pathak
As recorded by the court registry
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