IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10172 of 2005 DEBIDAYAL SINGH, son of late Dudhnath Singh, resident of village and post-Katkaira, Koelwar, P.S. Koelwar, District-Bhojpur (Arrah), Presently resides at Mohalla Ghsiyari Gali, Tarni Prasad Lane, Post Jhauganj, District-Patna. Versus 1. THE STATE OF BIHAR 2. Patna Municipal Corporation, Patna through the Chief Executive Officer, Patna Municipal Corporation, Patna 3. The Chief Executive Officer, Patna Municipal Corporation, Patna. 4. The District Provident Fund Officer, Patna. 5. The Director, Primary Education, Government of Bihar, Patna. 6. The Accountant General, Bihar, Patna. ----------- 7 23.04.2010 Heard learned counsel for the petitioner, Ms. Poonam Kumari Singh, learned counsel for the Corporation, Mr. Praveen Kumar Verma, learned A.C. to S.C.10 for the State and learned counsel for the Accountant General. The only issue raised in the writ petition was regarding the payment of the C.P.F. amount admissible to the petitioner until March, 1976 while the school in question was under the management and control of the respondent-Corporation. The petitioner was appointed under order No.682 bearing memo No. 1001 dated 7.7.1966 on the post of Assistant Teacher at 2 Naujar Katra Primary Middle School, Patna while under the management of the Patna Municipal Corporation. The school was subsequently taken over by the State of Bihar under the provisions of the Bihar non-Government Elementary School (Taking over and Control) Act, 1976. The take over took place on 1.4.1976 w.e.f. 1.1.1971. Thus the petitioner became entitled to the payment of general provident fund w.e.f. 1.4.1976. For the period until 31.3.1976 while the school was under the management and control of the Municipal Corporation, the petitioner was entitled to payment of C.P.F. amount and which has to be paid by the respondent Corporation. It is the non payment of the said claim, which is raised in this proceedings. A counter affidavit has been filed on behalf of the Corporation today and in paragraph 6 it has been stated that necessary orders for payment of the amount in question was passed on 26.8.2004 bearing memo No.2398 as contained in Annexure-A to the counter affidavit for an amount of Rs. 5173/- which is also accompanied by a calculation chart placed 3 at Annexure-B of the counter affidavit. Learned counsel for the Corporation thus submits that no sooner the petitioner approaches the Corporation he would be paid the said amount without any delay. Having regard to the submissions made in the counter affidavit, the writ petition is disposed of. Bibhash ( Jyoti Saran, J.)