IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.713 of 2006 SUBANSH NAYAK Versus THE STATE OF BIHAR & ORS ----------- 04/ 04-03-2010 Heard Mr. Amarendra Narayan for the petitioner and Mr. Bhaskar Shankar, assisting counsel to G.P. 12 for the State. The petitioner has filed the writ petition for payment of difference of salary for the period 1.1.1971 to 31.3.1973 deposited in the provident fund account of the petitioner with upto date statutory interest thereon and the amount deposited in the suspense account relating to the period prior to December, 1976. Admitted position is that the amount relating to the period prior to 1976 which was deposited in the suspense account has since been paid to the petitioner and which fact is admitted by him. The only issue which according to the petitioner remains is the issue of payment of difference of salary for the period 1.1.1971 to 31.3.1973 together with upto date statutory interest. According to the petitioner the stand of the State has been vacillating for the reason that whereas the District Superintendent of Education, Madhubani states that said amount was adjusted from the amounts drawn by the petitioner but in the counter affidavit filed on 24.2.2010, the District Provident Fund Officer, Madhubani submits that the said claim has been paid to the petitioner and that the amount was included in the balance transfer of the year 1980-81. Learned counsel for the petitioner submits that by reason of - 2 - such two different stands taken by the State, the issue still remains unclear. Having regard to the accompanying circumstances, in my opinion no useful purpose would be served in keeping the writ petition pending and the same is disposed of with a direction to the District Provident Fund Officer, Madhubani to provide a detailed chart containing the deductions of provident fund including the amount deducted for the period 1.1.1971 to 31.3.1973 up to the date of final disbursement of the claim, to the petitioner, as a certification of his contention that the said amount stands paid to the petitioner. However, if in course of such exercise it is found that the said amount has not been paid to the petitioner, then the same should be paid to him together with upto date interest. The entire exercise should be carried out within a period of three months from the date of receipt/production of a copy of this order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)