IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9131 of 2006 RAJ KUMAR GOPE Versus THE BIHAR STATE AGRICULTURE MARKETING BOARD AND ORS. ----------- For the petitioner: Mr. J.P.Verma, Advocate For the Marketing Board: Mr. Prabhakar Jha, Advocate. -------- 3 21.8.2008 Heard learned counsel for the parties. Petitioner is a class IV employee working as a Night Guard under the dissolved Agriculture Marketing Board. He was posted at the relevant time at Hilsa falling under the jurisdiction of Nalanda Agriculture Produce Market Committee. He has filed the present writ application for grant of revised pay scale just like other similarly situated employees, to regularize his leave and also consider for grant of time bound promotion to him. He also makes a grievance that amount deducted as provident fund from his salary has not been deposited by the respondents. A counter affidavit has now been filed by the respondents which gives some reflection that some of the issues are being redressed by the respondents. The question of regularizing his leave has already been taken up and a decision has already been finally taken on 18.6.2008 as would be evident from annexure-C to the counter affidavit. But then it seems the petitioner’s absence is much more than the leave which is available to him. If that is so then the adjustment can only be made with only such leave which has accrued in favour of the petitioner - 2 - and nothing beyond the same. It goes without saying that the respondents have a legal duty to deposit the amount in the Provident Fund Account which has been deducted from the salary of the petitioner. If it has not been done for whatever the reason there can be serious consequence for the same under the Provident Fund Act. The respondents are well advised if not cautioned to see that the deducted amount under P.F. Account from the salary of the petitioner is duly credited in the account of the petitioner, if not already done so. In so far as grant of revised pay scale to the petitioner is concerned, if the respondents have made available the said revised pay scale to other employees then it goes without saying the petitioner would be entitled to the said benefit. But it is a matter for verification from the records. This Court accordingly directs the administrator to examine the matter and take corrective steps if other employees have been extended the benefit. As per the statement made in paragraph-9 of the counter affidavit vide communication no. 106 dated 28.5.2007 some exercise is on even with regard to grant of first time bound promotion and second time bound promotion to the petitioner. In view of the above assertion and position this writ application stands disposed of with a direction upon the administrator that he shall take decision with regard to the payment of revised pay scale - 3 - the time bound promotion within a period of three months from the date of communication or production of a copy of this order. He shall also ensure that the concerned authority shall also take steps for deposit of the money which has been deducted from the salary account of the petitioner under the Provident Fund Account. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)