IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10453 of 2007 Naresh Kumar Sinha, Son of Late Bisundeo Prasad Verma, Resident of Village – Rampur Matihani, Police Station – Matihani, District – Begusarai at present residing at Mohalla – Rajiv Nagar Road No. 21, Police Station – Rajiv Nagar, District - Patna. ------------- Petitioner Versus 1. The State Of Bihar through the Agriculture Produce Commissioner, Department of Agriculture, Patna. 2. The Administrator, Bihar State Agriculture Marketing Board (Dissolved) Pant Bhawan, Baily Road, Patna. 3. The Controller, Bihar State Agriculture Marketing Board, Pant Bhawan, Bailey Road, Patna. ------------- Respondents ----------- 3 21.07.2011 Heard Sri Radha Krishna Singh, learned counsel for the petitioner and Sri Arjun Prasad, learned AC to SC No. 24, who appears on behalf of all the respondents. The present writ petition was filed in the year 2007 with specific prayer to direct the respondents to make payment of contributory provident fund (CPF) for the period from June, 1994 to May, 1997 alongwith interest. In this case, earlier no counter affidavit was filed. However, an affidavit has been filed on behalf of respondent nos. 1 to 3 on 15th July, 2011 enclosing therewith a copy of counter affidavit for which it has been stated that it was affidavited and addressed to the SC No. 24. Fact remains that earlier no counter affidavit was filed and copy of the same has been enclosed with the supplementary counter affidavit which has been filed on 15.07.2011. Learned counsel for the State while referring to Annexure – A to the Supplementary Counter Affidavit submits that amount under the head of Contributory Provident Fund (CPF) was paid to the 2 petitioner which has been stated in paragraph nos. 6 & 7 of Annexure – A to the Supplementary Counter Affidavit. Learned counsel for the petitioner has filed rejoinder to the Counter Affidavit and has asserted that respondents have made a complete false and incorrect statement in paragraph no. 5 of the Supplementary Counter Affidavit which is as follows: “That at the very outset it is to state and submit that in this case a counter affidavit vide oath no. 20245 dated 18.07.2008 has already been duly sworn therein that the entire admissible post retrial dues have already been sanctioned and paid to the petitioner.” The court at the moment is not going to deal into the matter as to how incorrect and false statement has been made in the counter affidavit and also as to whether the statement is false or not. But, on perusal of the counter affidavit it is evident that assertion made by the petitioner with regard to CPF amount for the period from June, 1994 to May, 1997 has not been controverted or dealt with in the affidavit filed on behalf of respondent nos. 1 to 3. Accordingly, court can draw an inference that respondents have admitted the claim of the petitioner. The petitioner in paragraph no. 5 of the writ petition has made categorical statement regarding the deduction of the said amount which is as follows: “That the petitioner was posted at several places throughout the State of Bihar. In the month of June 1994 he was transferred to Chaibasa and worked there till May 1997. After his retirement the contributory provident fund amount deposited at different places was paid to the petitioner. But the contributory provident fund amount which was deducted at Chaibasa in the aforesaid period has not been paid to him.” 3 In view of the facts and circumstances particularly non- denial of statement made by the petitioner the court is of the view that direction can be issued to the respondents to immediately make payment of Contributory Provident Fund (CPF) amount for the period June, 1994 to May, 1997 to the petitioner alongwith interest at the rate of 6% per annum till the date of payment from the date of deduction. Payment under the aforesaid head must be made in favour of the petitioner within a period of two months from the date of receipt /production of a copy of this order. With above observation and direction the writ petition stands allowed. Praful ( Rakesh Kumar, J.)