IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7521 of 2002 PANMA MEHATRANI Versus THE STATE OF BIHAR & ORS ----------- 17 19.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. After going through the photocopies of the ledger of provident fund account maintained by the Municipalities as annexed as Annexure- G/4 with the supplementary counter affidavit learned counsel for the petitioner has pointed out certain anomalies. He submits that certain amounts which have been shown in the ledger as having been withdrawn by the petitioner have in fact not been withdrawn. He also submits that interest calculated on the provident fund amount have not been calculated at the Government prescribed rate. He further submits that the calculation as annexed by the respondent do not include complete amount of contribution made by the petitioner. He further submits that certain amount of certain period which has been paid by the petitioner as contribution has only been refunded to him, whereas matching contribution by the Municipality has not been included. He further submits that the gratuity amount paid to the 2 petitioner has been calculated on the basis of basic salary of the petitioner excluding the allowances and D.A. He submits that as per the law the gratuity has to be calculated on the basis of salary including D.A. and allowances drawn by the employee in the last ten months. Learned counsel for the Municipality submits that these are matters of discrepancy with calculation of the amount paid to the petitioner and for that purpose the petitioner or any of her representative or her counsel may meet the Chief Executive Officer of the Municipality and discuss the matter in detail with calculation of his own, if necessary, and the relevant Government Circulars and law laid down by this Court in this regard. If the petitioner or her representative or her counsel meets the Chief Executive Officer of the Municipality for this purpose, the Chief Executive Officer shall give a personal hearing to him, will consider all the statements and submissions made by him and thereafter will come to a final decision with regard to the calculation made by him for payment of G.P.F. as well as gratuity in respect of the 3 petitioner. For this purpose, in case the petitioner or her representative or her counsel desires to look into other records of the Municipality to ascertain the figures with regard to deductions made in the provident fund and other calculations, the Chief Executive Officer of the Municipality shall provide those records and ledger to him to be verified in his presence. After the exercise is completed, the Chief Executive Officer shall pass final orders and whatever more amount is found due to the petitioner, the same shall be paid to her within a fort-night from the date of such meeting of the petitioner or her representative or her counsel with the Chief Executive Officer of the Municipality. In view of the submissions of learned counsel for the Municipality, this writ application is disposed of with directions as suggested above. Arvind/ ( J. N. Singh, J.)