IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.516 of 2009 DR.PREM KUMAR VIDYARTHI aged about 67 years son of Late Shiv Narayan Rai, resident of Mohalla South Mandiri, P.S. Budha Colony, District Patna. Versus 1. THE STATE OF BIHAR through the Secretary Health and Family Welfare Department, Govt. of Bihar, having his office at Vikas Bhawan (New Secretariat), District Patna. 2, The Additional Secretary, Health and Family Welfare Department, Govt. of Bihar having his office at Vikas Bhawan, (New Secretariat), Patna. 3, The Director-in-Chief, Health and Family Welfare Department, Govt. of Bihar, having his office at Vikash Bhawan, (New Secretariat), Patna. 4. The Civil Surgeon, Saran, Chapra. 5. The Director, Provident Fund having his office at Panth Bhawan, Bailey Road, Patna. 6. The District Provident Fund Officer, Saran, Chapra. 7. The Accountant General (Accounts and Entitlement) Bihar, Patna having his office at Birchand Patel Path, P.S. Kotwali, District Patna. ----------- For the Appellant :- Mr. Mukeshwar Dayal. For the State :- Mr. Sanjay Kumar No. I, G.P. XIV For Respondent no. 7 : Mr. Arun Kumar Arun -------- 8 18/12/2009 Heard learned counsel for the parties. By the impugned order dated 19.2.2009 the writ petition preferred by the appellant bearing C.W.J.C. No. 10721 of 2005 has been disposed of after noticing that all the retirement benefits had been paid. So far as claim for statutory interest on account of delay in payment of - 2 - G.P.F. amount is concerned, the writ Court left the matter open to be re-ascertained after decision of the Division Bench in the case of Ram Pratap Singh (appears to be a mistake for Ram Pavitra Singh). Learned counsel for the appellant submits that statutory interest has been paid by the authorities only for a period of six months and not for the entire period of delay beyond six months on account of Finance Department Circulars dated 6.5.1988 and 5.3.2001 which were held to be bad in law in the case of Ram Pavitra Singh Vs. State of Bihar reported in 2003(1) PLJR, 301. Learned counsel for the appellant further relied upon a Division Bench judgment in the case of State of Bihar Vs. Kedar Nath Jha reported in 2006(3) PLJR.,473 wherein Division Bench agreed with the judgment given by the Single Judge that in case of delay in payment of G.P.F. amount the retired employee is entitled to the statutory interest till payment is made. In view of the aforesaid Division Bench judgment and an assertion on behalf of the appellant that through Annexure-1 to the writ petition a demand for - 3 - G.P.F. dues had been made by the writ petitioner within time, the claim for statutory interest till payment of dues of G.P.F. is allowed. Such dues on account of statutory interest till the date of payment of G.P.F. amount must be calculated and paid to the appellant within a period of three months. This Letters Patent Appeal is allowed to the aforesaid extent. AMIN (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)