IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4962 of 2007 ABHAY KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 12.05.2010 Heard Mr. Ghanshyam Sharma, learned counsel for the petitioner, Mr. Subhash Prasad Singh, learned G.A.8 for the State and Mr. Arun Kumar Arun, learned counsel representing the Accountant General. The petitioner raises an issue of non payment of the general provident fund dues admissible to his late father who superannuated with effect from 31.07.1972 from the post of Deputy Superintendent of Police, Gaya and expired on 31.10.1984. There is nothing on the records of the proceedings to show that either any representation raising such grievance was filed by the father of the petitioner until his lifespan or any attempt was made by the present petitioner in approaching the authorities for making payment of the said dues. A representation dated 21.6.2005 has been enclosed at Annexure-1 to the writ petition which appears to be the first representation in this regard. 2 A counter affidavit has been filed on behalf of the District Provident Fund Officer, Gaya and who in paragraph 5 of the affidavit submits that the District Provident Fund office was established at Gaya on 10.12.1985 and that prior to the establishment of the said office, the maintenance of the provident fund was done by the Accountant General, Bihar, Patna. A counter affidavit has also been filed on behalf of the respondent No.7, Accountant General enclosing a letter dated 20.6.2007 addressed to the District Provident fund Officer, Gaya forwarding the balance transfer of the father of the petitioner towards provident fund until the period 1981- 1982 for an amount of Rs. 10,890/- bearing B.T.No.730 dated 16.3.1987. By the said letter, the Senior Accounts Officer in the office of the Accountant General has informed the District Provident Fund Officer, Gaya, that the balance transfer in relation to the father of the petitioner late Bishundeo Narayan Singh had been forwarded as back as on 16.3.1987 and a reminder thereof was also given on 27.10.2005. Learned counsel further submits that despite the said position the amount has 3 not yet been paid. Having regard to the circumstances, the writ petition is disposed of with a direction to the respondent No.8, the District Provident Fund Officer, Gaya to ensure the payment of the provident fund dues of the late Bishnudeo Narayan Singh within a period of three months from the date of receipt/production of a copy of this order, in the light of the balance transfer forwarded by the Accountant General bearing B.T.No.730 dated 16.3.1987 amounting to Rs. 10,890/- together with interest calculated from the date of filing of the writ petition i.e. 17.4.2007 until the date of its actual payment, in case the dues have not already been paid. The award of interest to the petitioner from the date of filing of the writ petition has been directed for the reason that both the father and the son i.e. the present petitioner slept over the matter for more than thirty years before awakening to realize about the pending dues. Bibhash ( Jyoti Saran, J.)