IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.335 of 2010 Balmukund Upadhyay, son of Late Ram Prasad Upadhayay, resident of village+P.O. Asta, District- Nalanda, presently residing at C/o Narayani Market, Mahatma Gandhi Nagar Kanti Factory Road, Patna-26 ……….. Petitioner Versus 1.The State Of Bihar 2.Smt.Kiran Kumari, the District Education Officer, Patna 3.Sri Arun Kumar, the District Provident Fund Officer, Patna …….. Opp.Parties ----------- 3. 08/09/2010 The dispute in this case between the parties now is with regard to rate of interest which petitioner may be entitled for the `gap period’, i.e. period of delay by the petitioner in submission of his application for withdrawal of P.F. amount after his superannuation. Learned counsel for the petitioner relies upon a judgment of the Division Bench of this Court in the case of State of Bihar Vs. Kedar Nath Jha [2006(3) PLJR 473] and on the basis of the same, claims that inspite of late submission of his application, petitioner will be entitled to statutory interest on the amount. On the other hand, learned counsel for the State relies on a judgment of another Division Bench of this Court in the case of 2 State of Bihar Vs. Ram Pavitra Singh [2010(3) PLJR 906] and submits that as per paragraph 6 of the judgment, petitioner will be entitled to only simple interest. Learned counsel for the petitioner submits that earlier Division Bench judgment was not brought to the notice of the Division Bench deciding the case of Ram Pavitra Singh (Supra). This controversy cannot be decided in contempt proceeding. If petitioner claims benefit on the basis of Kedar Nath Jha (Supra), he has to raise such claim in accordance with law in an appropriate proceeding. So far as this contempt application is concerned the same is disposed of. Pradeep/ ( J. N. Singh,J.)