IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1609 of 2009 Harihar Pandit, son of Late Sree Pandit, resident of Mohalla- East Bhikhachak, P.O.- Anisabad, P.S. Gardanibagh, District- Patna. .... Petitioner. Versus 1. The State of Bihar, through the Secretary –cum- Commissioner, Human Resources Development Department, Government of Bihar, Patna. 2. Director, Primary Education, Government of Bihar, Patna. 3. District Superintendent of Education, Patna Collectorate Compound, Patna. 4. Head Master –cum- Drawing Disbursing Officer, Middle School, Ranipur, Phulwarisharif, Patna. 5. Incharge Head Master, Middle School, Janipur, Phulwarisharif, Patna. 6. Patna Municipal Corporation, through its Chief Executive Officer, Patna. .... Respondents. ----------- 02- 2.2.2009 Heard Mr. Nand Kumar Singh for the petitioner, Mr. B.K.P. Sinha, learned Government Pleader No.3, and Mr. Bishwa Bibhuti Kumar Singh for the Patna Municipal Corporation and its functionaries. The petitioner seeks a direction to the respondents to make payment of the differential amount of salary for the period 1.1.1971 to 31.3.1973, and the proceeds of the general provident fund. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the petitioner was a school teacher in 2 Balika Middle School, Adalatganj, Patna. The same was earlier owned by the Patna Municipal Corporation, and was subsequently taken over by the Bihar Government with effect from 1.1.1971, under the provisions of the Bihar Non- Governmental Elementary Schools (Taking over of Control) Act 1976. The petitioner had joined the school on 7.5.1966 as an Assistant Teacher, and superannuated with effect from 31.12.2000. 3. In so far as the petitioner’s first grievance is concerned, it appears from the order bearing no.1038, dated 24.2.2001 (Annexure-2), issued under the signature of the District Superintendent of Education, Patna, that the differential amount of salary for the period from 1.1.1971 to 31.3.1973, has been deposited in petitioner’s general provident fund account and shall carry interest at the same rate as the corpus of the general provident fund. In so far as the petitioner’s second grievance is concerned, learned counsel for the Corporation assures this Court that the entire amount of employee’s contribution to the general provident fund has already been credited, and shall be released soon. 3 4. In that view of the matter, this writ petition is disposed of with the direction to respondent no.3 (District Superintendent of Education, Patna) to ensure payment of entire proceeds of the general provident fund account to the petitioner within a period of three months from today. The petitioner shall be entitled to the differential amount of salary for the period 1.1.1971 to 31.3.1973 which has already been credited to the petitioner’s general provident fund account. He shall be entitled to interest at the contracted/ statutory rate from the date of deposits till the date of payment. 5. The writ petition is accordingly disposed of. (S K Katriar, J.) S.K.Pathak/