IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3181 of 2005 MURLIDHAR SAH Versus THE BIHAR STATE AGRI.MKT.BOARD & ORS. ----------- 08/ 09-03-2010 Heard Mr. R.N. Mukhopadhyay, learned counsel for the petitioner, Mr. B.K. Singh Chauhan, learned counsel representing the Marketing Board and Mr. Amit Kumar, assisting counsel to S.C. 9 for the State. The petitioner superannuated from the services of the respondent Board from the post of Amin with effect from 31.7.2004 and filed the writ petition for payment of his post retiral and other dues. Admitted position is that during the pendency of the proceedings almost the entire post retiral dues as found admissible to the petitioner has been paid to him. A detailed chart has been provided by the learned counsel appearing on behalf of the Board on 4.3.2010 enumerating the details of payment made to the petitioner against the different heads including C.P.F., gratuity, life insurance and leave encashment. In so far as the C.P.F. is concerned, four items have been mentioned demonstrating the deposits made in the different accounts. The detail whereof comes to Rs. 2,01,543.23. As there is no dispute with regard to the claim relating to gratuity and leave encashment the same requires no reference. In so far as the insurance amount is concerned, it is stated that the deductions for the period December, 1981 to March, 1986 is pending at the level of the Life - 2 - Insurance Corporation and no sooner the said amounts are received from the Corporation it would be disbursed to the petitioner. Mr. R.N. Mukhopadhyay, learned counsel for the petitioner with reference to the aforesaid chart, submits that he has no dispute in so far as the gratuity and leave encashment is concerned and that in view of the undertaking given by the Board that the amount towards group insurance would be paid to him no sooner the amounts are received from the Corporation, he has no objection to the same except that the Board may be directed to expedite the matter. Learned counsel, however, disputes the calculation in so far as the amount of C.P.F. is concerned. According to him the total amounts as demonstrated in the said chart comes to Rs. 2,01,543.23 and whereas the deductions from the salary of the petitioner itself was made to the extent of Rs. 2,06,044/-. He submits that over and above the said deduction the petitioner was entitled to interest at the bank rate. He thus submits that the details regarding the C.P.F. is not correct. Learned counsel with reference to the Rule 30 of the Bihar State Agriculture Marketing Board Contributory Provident Fund Regulations, 1978, submits that the authorities of the Board were required to provide an annual statement of contributory provident fund as prescribed in Form IV thereof. Copy of the relevant Regulation and the Form has been placed on the record of the proceedings by way of Annexure-6 to the affidavit filed today. Mr. B.K. Singh Chauhan, learned counsel appearing for the Board submits that the Board would be providing the annual statement - 3 - as required under Regulation 30(1) of the said Regulations to the petitioner. Having regard to the fact that there is no disagreement between the parties in relation to the issue in hand, the writ petition is disposed of with a direction to the respondent Board to provide the annual statement of contributory provident fund as provided under Rule 30(1) of the Regulations, 1978 in Form IV to the petitioner within a period of eight weeks from today. Needless to add that if upon preparation of the said statement, any amount is found payable to the petitioner either by way of principal or interest the same should be paid to him within a period of four weeks thereafter. In so far as the group insurance is concerned, the Board would take steps to get the payment released by the Life Insurance Corporation expeditiously and preferably within a period of three months. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)