IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10708 of 2005 BHRING RAJ RAI son of Late Ram Lakhan Rai, resident of village Kabirpur, P.S. Mairwa, District-Siwan. Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources Department, Government of Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. the Accountant General, Bihar, Patna. 4. The District Accounts Officer, Siwan 5. The District Superintendent of Education, Siwan. 6. The District Provident Fund Officer, Siwan. 7. The District Treasury Officer, Siwan. ----------- 4 30.03.2010 Heard Mr. Naresh Prasad No. 1, learned counsel appearing on behalf of the petitioner, Mr. Shashi Shekhar Prasad Sinha, learned A.C. to G.P. 9 for the State and learned counsel for the Accountant General. The petitioner superannuated from the post of Headmaster, Government Middle School, Sohagra, Anchal Guthani District Siwan with effect from 31.1.1996. Although the other retiral benefits as found admissible to the petitioner was paid to him but the difference of salary for the period 1.1.1971 to 31.3.1973 together with up to date statutory interest admissible thereon, was not paid to him. In this situation, the present writ petitioner came 2 to be filed. A counter affidavit has been filed on behalf of the District Superintendent of Education, Siwan and enclosing an office order dated 13.12.2005 (Annexure-A), it was submitted that appropriate directions were issued for payment of the admissible amount together with admissible up to date interest to the petitioner. It was further stated that in the light of an order passed by a Division Bench of this Court on 7.2.2003 in L.P.A. No. 794/2002 (State of Bihar versus Prathamik Shikshak Sangh Gopalganj) the amounts were calculated at the rate of 6 % per annum. It was further stated that the petitioner refused to accept the amount, demanding interest at the rate of 12% per annum. This fact has been stated with support of a letter of the Principal of the concerned school placed at Annexure B to the counter affidavit. Learned counsel for the State thus submits that the rate of interest admissible on the said differential amount of salary for the period 1.1.1971 to 31.3.1973 has been correctly calculated @ 6 % in the light of the order passed by the Division Bench (Supra). 3 Learned counsel for the petitioner with reference to a judgment of a Single Judge reported in 2003(3)PLJR 57 (Paras Nath Singh versus State of Bihar) submits that the petitioner was entitled to the admissible rate of interest governing the general provident fund from time to time and not to 6% per annum interest. I have examined the orders passed in the case of Paras Nath Singh and in the case of Prathmik Shikshak Sangh (Supra). The decision to make payment at the statutory rate governing the G.P.F. claims was taken by the State of Bihar under a resolution No. 763 dated 9.2.1973 from the date of resolution. The order of the Division Bench is dated 7.2.2003 i.e. prior to the date of the resolution and perhaps it is for this reason that the Division Bench was pleased to accord an interest at the rate of 6%. However, in view of the resolution of the State of Bihar bearing No. 763 dated 9.2.1973 providing a statutory rate(s) of interest as applicable on G.P.F. from the date of resolution i.e. 9.2.1973, it is obvious that the petitioner would also be entitled to the said rate of interest and not the rate of interest of 6%. 4 The relevant decision governing this issue in the light of the resolution No.763 dated 9.2.1973 would be the one rendered in the case of Paras Nath Singh. The Court upon examination of the relevant clauses of resolution No.763 dated 9.2.1973 was pleased to hold that the differential amount of salary deducted for the period 1.1.1971 to 31.3.1973 would earn a statutory interest at the same rate as was applicable on the deposits made in G.P.F. account, from the date of the resolution i.e. 9.2.1973 up to the date of payment, which in the present, case would be 13.12.2005 (Annexure-A). Following the decision rendered in the case of Paras Nath Singh, this writ petition is disposed of with a direction to the respondent No.5 to recalculate the rate of interest on the differential amount of salary of the petitioner for the period 1.1.1971 to 31.3.1973 with effect from 9.2.1973 being the date the resolution No. 763 came into effect up to 13.12.2005 being the date on which the amount was ready for payment, at the rates of interest governing the G.P.F. accumulations from time to time and pay the same to the petitioner together with the principal 5 amount within a period of three months from the date of receipt/production of a copy of this order. Bibhash (Jyoti Saran, J. )