IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3863 of 2005 AKHILESHWAR PASWAN son of Late Kant Lal Paswan originally resident of village and P.S.- Dhandaha District Purnia and at present residing at village - Sahpur P.O. Angarh Hat Distt. Kishanganj, Versus 1. THE STATE OF BIHAR through the Secretary, Department of Rural Development, Government of Bihar, Patna. 2. The Secretary, Department of Rural Development, Govt. of Bihar, New Secretariat Building, Patna. 3. The District Magistrate at Araria 4. The Block Development Officer at Jokihat within the district of Araria 5. The Accountant General, Bihar Birchand Patel Path, Patna. ----------- 4 28.01.2010 Heard Mr. Arun Prasad Ambastha learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and Mr. L.P.K. Rajgrihar learned counsel for the Accountant General. The petitioner who retired from the post of Panchayat Sevak with effect from 31.1.2002 has filed the writ petition setting out his claim in paragraph 1 of the writ petition. A counter affidavit has been filed on behalf of the State and in which his claim for salary for the period as set out in the writ petition has been repelled on grounds of the petitioner by under suspension during the said 2 period. It is however, stated that the admissible amount of provident fund had been sent by the Block Development Officer, Jokehat to the District Provident Fund, Purnea vide letter No. 514 dated 29.7.2005 and again by letter dated 636 dated 28.9.2005 for onward payment to the provident fund amount. It is thus submitted that there is no pending claim of the petitioner. Having regard to the circumstances set forth this writ petition is disposed of with the direction to the District Provident Fund Officer, Purnea to make payment of the provident fund amount to the petitioner together with admissible interest thereon if not already paid to him, within a period of three months from the date receipt/production of a copy of the order if the said amount has not yet been paid to the petitioner. The petitioner if so advised may set out his claim for payment of his salary and other dues before the authority concerned and who shall consider the same and if the same is found admissible to the petitioner, it should be paid to him within a period of three months from which such claim is presented by the petitioner. In case the 3 claim is not admissible it should be rejected by a speaking order. The writ petition is disposed of with the direction aforesaid. Bibhash (Jyoti Saran, J.)