IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3536 of 2006 ISHWAR SAH Versus THE STATE OF BIHAR & ORS ----------- 3 10.05.2010 Heard Mr. Naresh Prasad No.1 for the petitioner and Mr. Dhananjay Kumar, learned A.C. to G.P.12 for the State, Mr. A.K.Sinha for the Bank and Mr. Amar Nath Singh, learned counsel for the Accountant General. Admittedly, the entire claims of the petitioner has been redressed during the pendency of the proceedings. Learned counsel for the petitioner however disputes the calculation of interest on the differential amount of salary deducted for the period 1.1.1971 to 31.3.1973. He submits that though under the judicial pronouncement of this Court the petitioner was entitled for statutory interest as admissible on a G.P.F. amount but the respondent authorities have calculated the interest on the said amount at the rate of 6% and which fact is also admitted in the counter affidavit filed on behalf of the District Superintendent of Education, Siwan, who on the basis of an order passed in L.P.A. No.794 of 2002 (Annexure-A), held the 2 petitioner entitled to an interest rate of 6% on the G.P.F. deductions for the period in question. This issue stands settled by the judgment and order passed in the case of Paras Nath Singh reported in 2003(3) PLJR 57. Upon examination of the relevant stipulations contained in resolution No.763 dated 9.2.1973, it was held that the employees would be entitled to interest on their deposits at the same rate as applicable to the G.P.F. deposits with effect from 9.2.1973 being the date of resolution. A perusal of the order passed in L.P.A. No. 794/2002 dated 7.2.2003 manifests that the attention of the Division Bench was not invited towards the resolution dated 9.2.1973 as such the Division Bench had no occasion to consider the stipulation contained in the resolution No.763 dated 9.2.1973 under which it was decided to provide a statutory interest on the differential salary amount as admissible on G.P.F. account and which fact has been noticed and upheld in the judgment of Paras Nath Singh(supra). Thus following the judgment passed in Paras Nath(supra) case , this writ petition is 3 disposed of with a direction to the District Superintendent of Education to recalculate the interest amount on the differential salary amount deducted for the period 1.1.1971 to 31.3.1973 in terms of the interest rate admissible on G.P.F. amount calculated with effect from 9.2.1973 until the date of its actual payment and make payment thereof after adjusting the interest amount already paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order. Bibhash ( Jyoti Saran, J.)