IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1512 of 2006 KRISHNA PRASAD, son of late Punit Prasad, resident of village-Karasan Bara, P.O-Maigra, P.S. Imamganj, District Gaya at present resding at Mohalla-Madrajbigha, P.O. P.S. Gaya, P.S. Delha, District – Gaya. Versus 1. THE STATE OF BIHAR 2. Engineer-in-Chief, Irrigation Department, Bihar, Patna. 3. The Chief Engineer, Irrigation Department, Auragabad. 4. The Superintending Engineer, Aurangabad Circle, Irrigation Department, Aurangabad. 5. Executive Engineer, East Sone-High level Canal Division, Tekari, Gaya. 6. the Executive Engineer, Ganga Pump Canal Division-I, Munger. 7. The Account Officer, G.P.F. Fund Account, Munger. 8. The Bihar State Electricity Board, Bihar, Patna through :-the Chairman, Bihar State Electricity Board, Bihar, Patna. 9. The Deputy Director of Accounts, Bihar State Electricity Board. ----------- 5 12.03.2010 Heard Mr. Ramesh Kumar Singh learned counsel appearing on behalf of the petitioner , Mr. Anil Kumar Jha, learned G.A. 2 for the State and Mr. Vinay Kirti Singh, learned counsel appearing on behalf of the Electricity Board. The only grievance of the petitioner is regarding non payment of the amount of Rs. 9971/- being the amount of provident fund relating to the period the petitioner was under deputation in the Bihar State Electricity Board 2 for the period 6.10.1964 to 31.8.1978. The petitioner has enclosed a cheque said to have been issued by the respondent Board in favour of the Accounts officer, G.P.F. Fund Account, Munger dated 3.10.1994 for the amount of Rs. 9971/-. A counter affidavit and supplementary counter affidavit has been filed by the District Provident Fund Officer, Gaya and District Provident Fund Officer, Munger respectively and who have stated that no account is maintained in the name of G.P.F. Fund Account, Munger. It is stated that in the light of the direction of this Court dated 3.2.2010 a letter was addressed to Treasury Officer, Munger bearing no. 1580 dated 19.11.2007 to provide information whether the cheque has been deposited in the G.P.F account or not, copy of the letter dated 19.11.2007 has been enclosed as Annexure-A to the supplementary counter affidavit. It is stated that in response thereto the Treasury Officer, Munger has informed that the said cheque has not been deposited in the G.P.F. head. The response is contained in letter No. 1520 dated 21.11.2007 (Annexure-B). It is 3 next stated that in the aforementioned background, a letter dated 9.2.2010 was addressed to the Deputy Director (Accounts), Bihar State Electricity Board to inform whether the cheque has been issued in the name of the said deponent, but in response thereto, the Deputy Director has informed vide letter No. 481 dated 10.2.2010 that the matter is being enquired. The said letters dated 9.2.2010 and 10.2.2010 having been enclosed at Annexures-C and D respectively to the supplementary counter affidavit. It is thus stated that the office has not received the said cheque in question. Another affidavit has been filed by the District Provident Fund Officer, Rohtas, Sasaram who has also stated that the said payment has not been received. As the petitioner had finally superannuated while posted in the District, Gaya hence counter affidavit has also been filed on behalf of the District Provident Fund Officer, Gaya today and who submits that from information being gathered from all relevant district Provident Fund offices it has come to light that the encashment of the said cheque has not been done and no sooner any evidence is received 4 regarding the encashment of the aforesaid cheque then the District Provident fund Officer, Gaya would issue a final payment statement. Be that as it may the issue regarding the claim of the petitioner for payment of the aforesaid amount is not being disputed, the dispute is only to whether the cheque placed at Annexure-1 to the writ petition was encashed or not and if encashed then by which office. This issue has to be sorted between the Bihar State Electricity Board and the concerned District Provident Officers and the petitioner cannot be allowed to suffer for such kind of dispute which is between the two employers. In that view of the matter, the writ petition is disposed of with a direction to the respondent authorities of the Bihar State Electricity Board to verify whether the cheque placed at Annexure-1 has ever been issued and if issued whether the same stands encashed by the District authorities of the Provident Fund and if the said cheque has not been encashed by any authorities then the same may be cancelled and fresh cheque be issued for the said amount to the authority concerned for 5 onward final payment to the petitioner. The exercise may be completed within a period of six months from the date of receipt/production of a copy of this order. The writ petition is disposed of. Bibhash (Jyoti Saran, J. )