IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6248 of 2005 INDRA DEO PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 11/ 10.03.2010 Heard Mr. Satish Chandra Jha No. 3 for the petitioner, Mr. Rakesh Ambashtha, assisting counsel to A.A.G. 5, Mr. Kaushalendra Kumar Sinha, learned counsel representing the State and Mr. Sanjay Kumar for the Accountant General. The writ petition has been filed for revision of pension and pensionary benefits in the light of the office order bearing Memo. No. 1150(5) dated 2.12.2004 as contained in Annexure- 4. A further prayer was made as regarding further revision of his benefits on the basis of correct pay scale attached to the post of Statistical Officer which promotion he got subsequent to his retirement with effect from 31.09.1998. The third prayer made by the petitioner in the writ petition is for re-calculation of the interest on the G.P.F. deductions, as according to him though he was entitled to interest at the rate of 12.5 per cent but the same has been calculated at the rate of 10.5 per cent and thus the same required re-calculation. A counter affidavit has been filed on behalf of the State Bank of India and in paragraph-7 thereof it is stated that a sum of Rs. 1, 11, 192/- being the difference of revised pension payable to the petitioner in the light of Annexure-4 was found to be payable for the period October, 1998 until December, 2006 2 but during the course of payment it was found that a sum of Rs. 34,848 being the interim relief for the said period had already been given to the petitioner and the same was deducted from the said amount and the balance of Rs. 76,344/- had been deposited in his account. Learned counsel for the petitioner disputes the position as regarding the deductions. He submits that there is nothing on record to show that the said amount had already been credited in the account of the petitioner at the earlier stage. In so far as the second relief regarding re-fixation of his pension and pensionary entitlements on the proper scale attached to the post of Statistical Officer is concerned, learned counsel seeks leave to agitate the said grievance by way of a separate writ petition and does not choose to press the said relief in the present writ petition. He may do so, if so advised. In so far as the third grievance of the petitioner regarding the rate of interest on G.P.F. deduction is concerned, the petitioner has been representing before the Director, Provident Fund, Pant Bhawan, Patna thorough various representations some of which are enclosed at Annexure-6 series to the writ petition. However, the petitioner may file a fresh representation before the respondent no. 7 setting out his claim with calculative details and which shall be considered and disposed of by the respondent no. 7, Assistant Director, Provident Fund Directorate, Pant Bhawan, Patna after examining the same and if it is found that petitioner was entitled to any 3 further sum by way of interest then the same should be paid to him within a period of three months from receipt of a copy of such representation. In so far as the deduction of Rs. 34,848/- made from the arrears of revised pension by the State Bank of India is concerned, the Branch Manager, State Bank of India shall provide a statement showing disbursement of the said sum to the petitioner. However, if it is found that the said amount has not, in fact, been paid to the petitioner then the same should be remitted to him within a period of three months from the date of receipt/production of a copy of this order. The Bank shall pay interest at the rate of 5 per cent from the date the authorization was received from the office of the Accountant General until the date the amount credited in the account. The writ petition stands disposed of with the direction aforesaid. S.Sb/- (Jyoti Saran, J.)