Disposed

Chhavinath Sharma v. The State Of Bihar and Ors.

Patna HC2 Jan 2019MJC/335/2015

Case brief

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What is this about?

In a writ petition regarding the non-payment of statutory provident fund interest, the Patna High Court directed the opposite parties to verify their records. The Court ordered that if interest was only calculated up to 31.01.2014, the Respondent is directed to pay interest up to 30.11.2017 and issue a fresh calculation chart within 30 days. The application was subsequently disposed of.

What did the court decide?

The opposite party must verify its records; if interest was only calculated till 31.01.2014, payment till 30.11.2017 must be ensured and a fresh calculation chart issued within 30 days.

Chhavinath Sharma Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.335 of 2015 In

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Miscellaneous Jurisdiction Case No.198 of 2012

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Chhavinath Sharma aged about 70 years son of Late Niut Sharma, resident of Village Suhwal, P.S. Suhwal, District Ghajipur (U.P.).

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... ... Petitioner/s

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Versus

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The State of Bihar through the Commissioner-cum-Secretary, Water Resources Department, Bihar, Sinchai Bhawan, Patna.

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Mr. A.K. Sinha name of father not known to the petitioner, The Commissioner-cum-Secretary, Water Resources Department, Sinchai Bhawan, Patna.

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Sri Anirudh Prasad Singh name of father not known to the petitioner, the Director Provident Fund Directorate, Pant Bhawan, Patna.

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Md. Jamil Name of father not known to the petitioner, the District Provident Fund Officer, Rohtas, Sasaram.

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Sri Satish Kumar Karn name of father not known to the petitioner, the Chief Engineer, Mechanical, Water Resources Department, Old Secretariat Barrack, Patna.

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Sri Uma Kant Paswan name of father not known to the petitioner, the Superintending Engineer, Irrigation Mechanical Circle, Gaya, Camp, Dehri.

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Sri Shivendra Sharma name of father not known to the petitioner, the Executive Engineer, Irrigation Mechanical Division, Dehri, District-Rohtas. 8. Sri I.D.S. Dhariwal name of father not known to the petitioner, The Accountant General, Bihar Birchand Patel Path, Patna.

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... ... Opposite party/s

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Appearance :

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For the Petitioner/s : Mr. Ajay Kumar, Adv. For the Opposite party/s : Mr. Ashok Kumar Dubey, AC to AAG-11

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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6 02-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the opposite parties.

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Learned counsel appearing on behalf of opposite party

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with reference to Annexure-C submits that the petitioner has been paid provident fund with statutory interest upto 30.11.2017.

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Patna High Court MJC No.335 of 2015(6) dt.02-01-2019 2/2

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Learned counsel appearing on behalf of petitioner has drawn attention of this Court to the document enclosed with Annexure-C to demonstrate that the statutory interest upto 31.01.2014 was only calculated.

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Considering the discrepancy in page 22 and 23 of the show cause, the Court directs the opposite party to verify their own record and if it is found that the statutory interest was only calculated upto 31.01.2014, they are required to ensure payment of statutory interest upto 30.11.2017. In the event, statutory interest has not been paid upto 30.11.2017, the office of Director, GPF is hereby directed to issue fresh calculation chart showing payment of interest upto 30.11.2017. Necessary decision in this regard must be taken by the opposite parties within a maximum period of 30 days from the date of receipt/production of a copy of this order.

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With the aforesaid, the present application stands disposed of.

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(Anil Kumar Upadhyay, J)

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mdrashid/-

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Chhavinath Sharma v. The State Of Bihar and Ors.

Case brief

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Chhavinath Sharma v. The State Of Bihar and Ors.

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