IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.131 of 2009 1. BIHAR STATE COOPERATIVE MARKETING UNION LTD. Through its Managing Directors, Biscomaun Bhawan, West Gandhi Maidan, P.S. –Gandhi Maidan, District-Patna. 2. Managing Director, Bihar State Cooperative Marketing Union Limited, Biscomaun Bhawan, West Gandhi Maidan, Patna. 3. Finance Controller, Biscomaun, Bihar, Patna. 4. Accounts Officer, Biscomaun, Bihar, Patna. 5. Assistant Accounts Officer, Biscomaun, Bihar, Patna ………… Respondents/petitioners. Versus RAJEEV KUMAR VERMA 2. Sanjeev Kumar Verma 3. Rajesh Kumar Verma All sons of Late Surendra Prasad Verma, resident of -387/A, Mangal Bhawan, P.S.- Budha Colony, Patna. 4. Archna Srivastava, wife of Mukesh Srivastava, resident of 12C, 601, Anneta Nagar, Lokhand Wala Complex, Khandiwali (East) Mumbai …………….. Petitioners/Opposite Parties. ----------- For the petitioner: Mr. Rajesh Prasad. Choudhary For the respondents: (1) Mr. Sujeet Kumar. Sinha (2) Mr. Manoj Kumar 5. 10.02.2010 Heard the counsel for the petitioners and the counsel appearing for the state. This Review Application has been filed by the Biscomaun-Bihar State Cooperative Marketing Union Ltd. & Ors. for reviewing of that part of the order dated 24.08.2005 passed in C.W.J.C. No. 11638 of 2002 where a direction has been issued to realize an amount of Rs 3,80,219.78 paise in favour of the petitioner considering the fact that this amount has been realized from different heads of retrial dues payable to the petitioner, Surendra Nath Verma. Counsel appearing for the Biscomaun submits that on - 2 - perusal of Paragraph-12 of his counter affidavit, it will be obvious that Rs 3,80,219/- was not deducted from the retiral dues of Surendra Nath Verma rather the amount deducted was Rs 1,25,748/- After disposal of the writ application, Biscomaun has already paid the deducted amount and the interest @ 5 per cent on that dues amount to the petitioner. The calculation chart has been brought before this court by filing supplementary affidavit which shows that the dues salary of the original writ petitioner for the period, October 1995 to March, 1999 is calculated as Rs 125748/- and out of that Rs 14313/- has been deducted as income tax. Provident Fund contribution of the petitioner has been calculated as Rs 72247/-, out of that Rs 67305/- has been adjusted towards the Provident Fund advance. Group Insurance has been calculated at Rs 24859/- After calculations, deductions and calculating interest @ 5 per cent bank rate, the payment has been made. Paid amount is Rs 211667/- The Review Application has been filed by Biscomaun just for future safeguard so that the amount which is mentioned in the order, on that basis in future no claim can be made. Counsel appearing for the original writ petitioner, presently respondent, submits that the proper calculation chart has not been annexed. The date, on which Surendra Nath Verma has taken loan from Provident Fund Account, has not been disclosed. It is also not disclosed whether any deductions - 3 - were made from his salary. In case the advance has already been adjusted from the salary, there is no reason for making any deduction from the Provident Fund Account and only making payment of Rs 4942/-. This Review Application is allowed to the extent that “where Rs 3,80,219.78 paisa was mentioned in the order dated 24.08.2005 passed in C.W.J.C. No.11638 of 2002, it should be Rs 1,25,748/- However, the legal heirs of the original petitioner, who have been substituted as respondents, can approach the appropriate authority for all these queries which have been made before this court. In case the respondents approached the Biscomaun for detailed calculation chart, as per their query that must be supplied to the petitioner within four weeks from the date, they will approach to the appropriate authority. akv/ (Mridula Mishra, J.)