IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.335 of 2005 RAJO RAI PRASAD, son of Late Hari Prasad, resident of village Bari Bigha, P.S.-Dhanarua, District-Patna. Versus 1. THE STATE OF BIHAR through the Director-in-Chief, Health Services, Government of Bihar, Patna. 2. The Commissioner & Secretary, Health Department, Government of Bihar, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Gaya. 4. The Incharge Medical Officer, Primary Health Centre, Sadar Division, Gaya. 5. The District Provident Fund Officer, Gaya. 6. The Accountant General of Bihar, Patna. ----------- 15 23.03.2010 Pursuant to the order of this Court dated 4.3.2010, the respondent Nos. 3, 4 and 5 i.e. the Civil Surgeon-cum- Chief Medical Officer, Gaya, the Incharge Medical Officer, Primary Health Centre, Sadar Division, Gaya and the District Provident Fund Officer, Gaya are present in Court and have filed their respective counter affidavits during the course of proceedings. It is submitted that on the basis of the information supplied, in the backdrop that there was no records available for coming to just conclusion as regarding the actual benefits accruing to the petitioner for the period in question i.e. June, 1983 to July, 1983, July 1984 to January 1985, August 1988 to November 1989, August 1995 to February 1996 and March 2001 to June 2001, the claim of the petitioner has been determined by calculation on an average basis whereafter it was found that a sum of Rs. 1,75,689/- was prima-facie admissible to the petitioner subject to its final determination. It is stated that the said - 2 - amount of Rs. 1,75,689/- has been paid to the petitioner by cheque dated 24.8.2009 in addition to sum of Rs. 10378/-, already paid to him. It is stated that if the petitioner submits supportive documents duly authenticated showing that he was entitled to any further amount by way of G.P.F. then the authorities would consider the same and if any thing further is found admissible to the petitioner, it would be paid to him. They jointly submit that even in absence of the relevant records the determination has been carried out an average basis and which is obviously subject to its final determination. In view of the respective stand taken by the authorities who are present in Court, the writ petition is disposed of in the light of the statements made therein. The authorities concerned are discharged from their respective appearance(s). Bibhash (Jyoti Saran, J. )