IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13896 of 2004 BINDESHWARI SINGH S/O SHRI HARINANDAN SINGH, R/O VILLAGE- BHUSHRA, PO KODHARA-VIA-ARWAL,OLD DISTT- GAYA NEW DISTT- ARWAL---------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM- SECRETARY, GRAMIN VIKAS DEPARTMENT, GOVT. OF BIHAR BAILEY ROAD, PATNA 2. THE CHIEF ENGINEER, GRFAMIN VIKASH DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE SUPERINTENDING ENGINEER, GRAMIN VIKAS DEPARTMENT, PATNA 4. THE EXECUTIVE ENGINEER, GRAMIN VIKAS DEPARTMENT, SPL. DIVISION NO.II, MOTIHARI 5. THE EXECUTIVE ENGINEER, YOJANA-CUM-MONITORING DIVISION, GRAMIN VIKAS DIVISIOB, PATNA 6. THE EXECUTIVE ENGINEER, SPL. DIVISION, GRAMIN VIKAS, DISTRICT- JEHANABAD 7. THE COLLECTOR, JEHABANAD 8. THE DIRECTOR PROVIDENT FUND,PANT BHAWAN,PATNA 9. THE DISTRICT PROVIDENT FUND OFFICER, JEHANABAD 10. THE ACCOUNTANT GENERAL, BIHAR,BIRCHAND PATEL PATH,PATNA----- RESPONDENTS ----------- 3 22.1.2009 Heard learned counsel for the parties. After the counter affidavit has been filed by the respective respondents a rejoinder affidavit on behalf of the petitioner has been filed. He stated in paragraph-4 that the Executive Engineer, Special Division, Gramin Vikas, of the district of Jehanabad had made payment of LIC amounting to Rs. 67,632/- for the period from 1.1.1979 to 31.5.2004 and thereafter from 1.4.1998 to 31.5.2004. But according to the calculation of the petitioner this figure should work out to Rs. 73,140/- and therefore a short payment of Rs. 5,508/- has been made. The second contention is that though the petitioner had refunded the advance of Rs. 8,000/- which is reflected in the statement of June, 1992 but yet another deduction of Rs. 8000/- from the G.P.F. account has been made in April,1995 which is - 2 - apparent from the account of GPF which has been annexed in the counter affidavit of Provident Fund Officer. Further in the communication dated 8th December, 2008 of the District Provident Fund Officer addressed to Executive Engineer it is categorically recorded that details of deduction from September, 1997 to December, 1999 are not available. Therefore this amount remains due. So far as the less payment under the head of LIC, liberty is granted to the petitioner to demonstrate the difference of the calculation to the Executive Engineer, Special Division, Gramin Viakash, respondent no.6 who shall examine the martial and satisfy the period about the authenticity of the payment earlier made or if the discrepancy pointed out is correct then steps will have to be taken for payment of same. So far as two deductions of advance of Rs. 8,000/- is concerned this is yet another matter where the Provident Fund Officer, Jehanabad will have to sort out with the statement along with the petitioner and explain to him as to how Rs. 8000/- has been deducted twice over. As per the statement pointed out to the Court this is matter of accounting which can be sorted out at the local level. The final issue is payment of GPF for the period from September, 97 to December, 1999 and in this regard a direction is issued upon the concerned authority that they get the record in order and ensure the necessary details for the period in - 3 - question so that the sanction can be furnished to the District Provident Fund Officer for payment. The Court expects that this exercise shall be done within three months from the date of communication or production of a copy of this order. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)