This disposition order in a contempt matter directed that the petitioner may file a representation to claim interest on dues of group insurance, provident fund, gratuity, and leave salary paid late, to be decided within three months by interested authority.
Petitioner directed to file representation for interest claim on retroactive dues.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.1812 of 2008 PARMA NAND ROY Versus THE STATE OF BIHAR & ORS -----------
6 9-3-2011
On hearing the parties it appears that most of the dues were paid to the petitioner before passing of the order by the writ court on 8-8-2002. Subsequently petitioner has been paid dues of group insurance and contributory provident fund but there is no mention in the counter affidavit in respect of payment of any interest over those dues. The writ court had directed that the admitted dues shall be paid to him along with permissible interest as soon as funds are available and as per seniority of petitioner’s claim based upon his date of retirement.
Since petitioner is now aggrieved mainly on the ground of non-payment of any interest over dues of group insurance, contributory provident fund as well as gratuity and leave salary which have been paid later, he will be entitled to file a representation claiming interest over such payment. If such representation is filed by the petitioner, the same shall be examined by the concerned authority and a decision in respect of such claim shall be taken within three months from
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the date of filing of the representation. The decision should be communicated to the petitioner and if any permissible interest is found payable, the same shall be paid to him in the manner and as per seniority interest has been paid to other employees of the Biscomaun, without any undue delay.
The contempt application is finally disposed of.
Naresh
( Shiva Kirti Singh, J.)
Parma NAND ROY
THE STATE OF BIHAR & ORS
Naresh
Shiva Kirti Singh
As recorded by the court registry
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