IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9247 of 2005 SURENDRA KUMAR MAHTA Versus THE STATE OF BIHAR & ORS ----------- 06/ 25-02-2010 Heard learned counsel for the petitioner and Mr. Rajesh Kumar, learned G.P. 8 for the State. The petitioner superannuated from the post of Panchayat Sevak from Lakhisarai Block in the district of Lakhisarai with effect from 31.12.1999. The petitioner had filed his final withdrawal form for payment of the general provident fund together with upto date interest and arrears of pension amounting to Rs. 64,170/-. During the pendency of the proceedings the petitioner received the amount of pension to the tune of Rs. 57,170/-. He further submits that even the G.P.F. amount as per calculation of the respondent was paid to him but in October, 2005 and which is apparent from the authority slip issued by the District Provident Fund Officer, Munger placed at Annexure- A of the counter affidavit filed on his behalf, which is dated 31.10.2005. A calculation chart has also been enclosed to the authority slip showing a calculation of Rs. 41,557/- (Annexure- B). Learned counsel for the petitioner raised two issues, namely- (a) that the details or deductions, calculations and - 2 - interest thereon for the period prior to 1.4.1986 is not available in the calculation chart and thus it cannot be ascertained as to whether the said dues of the petitioner who was appointed on 8.4.1982 had been taken into account and, (b) that the respondents have calculated the interest only upto 30.6.2002 as is apparent from the calculation chart placed at Annexure-B of the counter affidavit of the District Provident Fund Officer, Munger. He thus submits that as admittedly the payments were made under the authority slip dated 31.10.2005, hence the petitioner would be entitled for interest for the period 1.7.2002 until 31.10.2005. He thus submits that not only the petitioner is entitled for payment of his G.P.F. for the period prior to 1.4.1986 together with admissible interest thereon but he is also entitled to statutory interest on the entire accumulations for the period 1.7.2002 to 31.10.2005. The issue raised by the petitioner has remained pending and has not found answers in any of the above affidavit(s). In the situation, the writ petition is disposed of with a direction to respondent no. 7, the District Provident Fund Officer, Munger to examine the claim of the petitioner regarding payment of his G.P.F. amount for the period 8.3.1982 to 1.4.1986 together with admissible interest thereon and if the said amount is found admissible and have not yet been paid then the same should be paid to the petitioner together with - 3 - interest calculated until the date of actual payment. In so far as the claim of the petitioner for interest for the period 1.7.2002 upto 31.10.2005 at the statutory rate is concerned, the same shall also be calculated and paid to him. The entire exercise should be completed within a period of three months from the date of receipt/production of a copy of the order. The writ petition stands disposed of. S.Sb/- (Jyoti Saran, J.)