IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.27 of 2005 HARE KANT CHOUDHARY Versus THE STATE OF BIHAR & ORS ----------- 05/ 29.01.2010 The petitioner retired from the post of Assistant Teacher from the Middle School, Jamalpur, Ghanshyam 2, Darbhanga with effect from 30.6.2001 and had to file the present writ petition in the year 2005 upon no steps being taken by the respondent authorities with regard to payment of his post retiral dues. The admitted position is that the entire admissible amount of post retiral benefits together with interest has been paid to the petitioner. However, the petitioner with reference to Annexure-E to the counter affidavit filed on behalf of respondent no. 7, the District Provident Fund Officer, Darbhanga submits that though the differential salary for the period 1.1.1971 to 31.3.1973 which was to be deposited in the general provident fund account of the petitioner has been paid but the said document does not indicate as to whether interest has been calculated on the principle amount or not. Learned counsel submits that as per his estimation the admissible statutory interest provided under the G.P.F. Act has not been included in the said amount. Learned counsel with reference to judgment of this Court reported in 2003(3) 2 P.L.J.R. 57 (Paras Nath Singh Vs. State of Bihar & Ors.) submits that the petitioner is entitled to interest at the statutory rate on the said deposit. Mr. Himanshu Kumar, learned assisting counsel to G.A. 5 appearing for the State, submits that the matter may be remitted to the concerned authority for consideration of the grievance of the petitioner because no doubt the amount has been paid to the petitioner but whether the same is inclusive of statutory interest or not cannot be made out from the said document. Having regard to the circumstances that most of the grievances of the petitioner stands redressed, this writ petition is disposed of with a liberty to the petitioner to raise his grievance in relation to payment of statutory interest on the difference of salary for the period 1.1.1971 to 31.3.1973 before the District Superintendent of Education, Darbhanga, respondent no. 9 who shall consider and dispose of the grievance of the petitioner in the light of the judgment referred to above. Needless to add that if the admissible statutory interest on the deposits have not been paid, then the same should be paid within three months of receipt of such representation. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)