IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14507 of 2008 Shambhu Nath Jha, S/O Late Raghu Nath Jha, resident of Village + P.O. + P.S. Bangaon, District-Saharsa ----Petitioner Versus 1. The State Of Bihar 2. District Magistrate, Saharsa, District-Saharsa 3. The District Provident Fund Officer, Saharsa, District- Saharsa 4. Block Development Officer, Nauhatta, District-Saharsa --------------------------Respondents. ---------------------------------- 02 25-11-2011 Heard Shri Shardanand Mishra, learned counsel for the petitioner and Smt. Mohini Kumari, learned A.C. to Standing Counsel no.14 appearing on behalf of the Respondent/State. The petitioner had retired on 31.01.2001 as Head Clerk from the office of Respondent no.4/Block Development Officer, Nauhatta in the district of Saharsa. Though the petitioner retired in the year 2001, his G.P.F. amount was not paid. The petitioner in the year 2008 approached this Court by filing the present writ petition. The writ petition was filed after serving copy of the same on learned counsel for the State. In response to the writ petition, only the Respondent no.3/ District Provident Fund Officer has filed a counter affidavit, wherein he has indicated that certain amount of G.P.F. was paid, but in absence of statement regarding deduction for some period, entire amount of G.P.F. has not been paid. The Respondent no.3 in its counter affidavit has indicated that he had requested the Respondent no.4 vide Annexures-E and E/1 2 to provide information. The Respondent no.3 admits that as soon as required G.P.F. statements are received, the remaining amount of G.P.F. will be authorized immediately. In view of the stand taken by the Respondent no.3 as well as the fact that till date amount under the head of G.P.F. is still outstanding , the writ petition stands allowed with a direction to Respondent no.4/ Block Development Officer, Nauhatta, District-Saharsa to provide all statements regarding deduction in response to the communication made by the Respondent no.3/ District Provident Fund Officer without any delay , so that final settlement of claim of the petitioner regarding G.P.F. amount must be done within a period of eight weeks from the date of receipt/production of a copy of this order. The Respondents are directed to pay the remaining amount of G.P.F. to the petitioner along with admissible statutory interest. The writ petition stands allowed to the extent of remaining amount of G.P.F. Learned counsel for the petitioner in view of the statement made in paragraph-9 of the counter affidavit of Respondent no.3 submits that the petitioner is entitled to get interest on the amount of G.P.F. from August, 2001 to 31.05.2009. The Court is of the opinion that it would be difficult for this Court to adjudicate on this issue in absence of any specific pleading by the parties regarding the claim of 3 interest for the period from August 2001 to 31.05.2009. However, the petitioner is granted liberty to file a detailed representation before the Respondent no.3 within a period of six weeks from today. If such representation is filed by the petitioner, the Respondent no.3 is required to examine the same and pass appropriate order in accordance with law within a period of three months from the date of filing of such representation. It goes without saying that if the Respondent no.3 considers the claim of the petitioner as genuine, he is required to pass order for payment of interest within the aforesaid time. Even in case of refusal, the Respondent no.3 is required to pass speaking order and communicate the same to the petitioner within three months from the date of filing of such representation. NKS/- ( Rakesh Kumar, J.)