Allowed

Suresh Prasad Singh v. The Union of India

Patna HC18 Nov 2019CWJC/22083/2019

Case brief

AI extract

What is this about?

In this writ petition concerning the refund of provident fund contributions, the Single Judge allowed the petitioners liberty to apply in the required statutory form for final withdrawal. The Court directed the authorities to verify the claims and, if a refund is found due, to pay the amount with statutory interest within three months of completion of formalities.

What did the court decide?

Liberty to apply for final withdrawal of provident fund; direction to authorities to verify and pay refund with interest within three months if due.

Suresh Prasad Singh Vs The Union of India — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22083 of 2019

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Suresh Prasad Singh Son of late Kapildeo Singh, retired as Conductor R/o Village- Bayha, P.O. Abiyila, P.S. Chandradeep, District- Jamui.

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Yatendra Jha, Son of late Kripakant Jha, R/o Village- Ganauli, Ward No. 7, P.O. Ganauli, P.S. Andardharti, District- Madhubani.

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Avinash Kumar Thakur, Son of late Gaurikant Thakur, R/o Village- Kanghai, P.O. Namiha Sakauji, P.S. Simari, District- Darbhanga.

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Dhariya Narayan Jha Son of late Harekant Jha, Resident of Village and P.O.Mahawtha, P.S. Ladaniya, District- Madhubani.

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Sital Prasad Singh, Son of late Later Singh, R/o Village and P.O. Chatauni, P.S. Basopatti, District- Madhubani.

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Laxman Jha, Son of late Bauwan Jha, Resident of Village- Buruar, P.S. Andharamath, District- Madhubani.

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Naveen Singh Son of Late Birendra Singh Resident of Village- Laymar, P.O.- Amarath, P.S. and District- Jamui.

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Arun Kumar Singh Son of Late Raj Narayan Singh Resident of VillageThathopur, P.S.- Baheri, District- Darbhanga.

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Md. Samsad Khan Son of Late Abdul Rasid Khan Resident of VillageGanichak, P.O.- Shivchak, P.S.- Jagdishpur, District- Bhagalpur.

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Ram Charitra Modi Son of Late Amir Modi Resident of VillageBhagwatchak, Ward No.9, P.O.- Naran, P.S.- Naran, District- Banka.

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Kamal Nayan Singh Son of Late Bindeshwari Prasad Singh Resident of Village- Dhosai, Ward No.2, P.O.- Dhusaith, P.S.- Piri Bazar, DistrictBhagalpur.

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Kameshwar Prasad Rai Son of Late Sundar Mandal Resident of VillageBakarganj, Amanda.

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Radhey Raman Jha Son of Late Bichav Jha Resident of Village- Bassut Bihar Bassti, P.O. Kolema Daigambarpur, P.S.- Paigambarpur, DistrictMuzaffarpur.

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Kishore Nath Mishra Son of Late Dasrath Mishra Resident of Village and P.O. Bakharuar, P.S. Andharamath, District- Madhubani.

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... ... Petitioner/s Versus

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The Union of India through the Secretary, Labour and Employment Ministry, Govt. of India, New Delhi.

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The Secretary, Labour and Employment Ministry , Govt. of India, New Delhi.

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The Central Provident Fund Commissioner New Delhi.

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The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Transport Department, Patna, Bihar.

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The Bihar State Road Transport Corporation through the Administrator,

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Patna High Court CWJC No.22083 of 2019(2) dt.18-11-2019 2/3

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Birchand Patel Marg, Patna, Bihar.

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The Administrator, BSRTC, Birchand Patel Marge, Patna, Bihar.

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The Chief Accounts Officer, BSRTC, Birchand Patel Marg, Patna, Bihar.

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The Regional Provident Fund Commissioner, E.P.F.O. R-Block, Patna, Bihar.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Ratan Kumar Kumar, Adv. For the Respondent/s : Mr. Kumar Samarjeet Singh, AC to SC-21 ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 18-11-2019 The petitioners are seeking refund of amount deducted from their salary and deposited with the respondent no. 9 i.e. the Regional Provident Fund Commissioner, E.P.F.O., R-Block, Patna, Bihar.

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It is submitted that the petitioners are liable to be refunded the aforesaid amount along with statutory interest.

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Having regard to the nature of grievances of the petitioners in the present writ petition, this Court deems it fit and proper to dispose of the present writ petition with liberty to the petitioners to apply in the manner required under the relevant statutes/ rules with regard to final withdrawal of the provident fund amount before the authority concerned, in accordance with law, in the required profoma and upon the same being done, the appropriate authorities would look into the matter and verify it from the records and if it is found that any

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Patna High Court CWJC No.22083 of 2019(2) dt.18-11-2019 3/3

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amount is required to be refunded/ payable to the petitioners, the same shall be paid to the petitioner with statutory interest within a period of three months from the date of filing/ completing the required formalities by the petitioners.

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(Mohit Kumar Shah, J)

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Tiwary/-

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Suresh Prasad Singh v. The Union of India

Case brief

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Suresh Prasad Singh v. The Union of India

Case brief

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