1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.3405/05 Vidhyadhar vs. The Food Corporation & Ors. Date of order : 6/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sandeep Garssa for the petitioner. Shri Vinod Goyal for the respondents. ****** This writ petition has been filed with the prayer that the respondents be directed to pay the entire GPF amount of the petitioner with interest @ 18% from the date of his retirement i.e. 31.7.2004. The respondents in reply to the writ petition contested the petition and submitted that all retiral benefits of the petitioner have been paid except amount of CPF which is under consideration. Subsequently, the petitioner has filed an application on 7.3.2006 that he has been paid the amount of Rs.4,10,967/- which according to the respondents was 90% of the due amount. The petitioner asserted that this was not correct amount but even then he has also been entitled to interest for the delayed payment. Subsequently, the petitioner filed an affidavit on 21.5.07 2 asserting that the respondents have paid Rs.4,10,967/- mentioning it as 90% of the CPF amount vide their letter dated 18.10.05 and thereafter made payment of Rs.52,710/- vide letter dated 2.2.07. He however submitted that the stand of the respondents that only this amount of Rs.4,63,677/- is the total CPF amount is incorrect. The total amount of CPF comes to Rs.5,44,501/-. The petitioner produced on record copy of statement of FCI, CPF Trust, New Delhi and submitted that this indicated the balance of Rs.5,00,291/- as on 31.3.2002 in the provident fund account of the petitioner where he regularly contributed and side by side the contribution of the Food Corporation of India. The contribution of both for the period from April, 02 to July, 04 would come to Rs.44,214/- and therefore the total amount as on date of retirement of the petitioner would come to Rs.5,44,501/-. It was argued that the respondents have fully paid the amount of Rs.4,63,677 and that too without interest for the period of delay and therefore the petitioner is entitled to differential amount of 3 Rs.80,824/- with interest. This affidavit has never been rebutted by the respondents, even though, it was filed more than one and a half years ago. The respondents have thus not contested the correctness of the statement issued by the FCI, CPF Trust, New Delhi. In the result, this writ petition is allowed of with direction to the respondents to pay to the petitioner aforesaid amount of Rs.80,824/- and also pay to the petitioner interest @ 6% per annum for the period of delay caused in making the payment of provident fund in two spells namely sum of Rs.4,10,967 paid on 18.10.05 and sum of Rs.52,710 paid on 2.2.07 and further also on the remaining amount of Rs.80,824/-. Compliance of the judgment be made within two months from the date its copy is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/