IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10190 of 2005 RAMJEE PRASAD, son of late Raghunandan Prasad, resident of village-Bhagatpur, Post-Oriyawan, District-Nalanda, present resides at Mohall- vishwakarma Mandir, Dadar Mandi, Post-Gulzarbagh, District-Patna. Versus 1. THE STATE OF BIHAR 2. Patna Municipal Corporation, Patna through the Chief Executive Officer, Patna Municipal Corporation, Patna. 3. The District, Provident Fund Officer, Patna. 4. the Director, Primary Education, Government of Bihar, Patna. 5. The Accountant General, Bihar, Patna. ----------- 7 26.04.2010 Mr. Dhananjay Mishra, learned counsel for the petitioner and Ms. Poonam Kumari Singh, learned counsel for the Patna Municipal Corporation and its authorities are present. The writ petition was filed for payment of the contributory provident fund as admissible to the petitioner for the period prior to March 1976 while the school in question, where the petitioner was working, was under the management and control of the Patna Municipal Corporation since before its taking over by the State Government under the provisions of the Bihar Elementary Schools (Taking over and Control) Act, 1976. A counter affidavit has been filed on behalf of the Corporation today after service - 2 - of copy upon learned counsel for the petitioner and in paragraph 6 thereof it has been stated that necessary orders have been passed by the Commissioner-cum-Chief Executive Officer, Patna Municipal Corporation contained in memo No.1138 dated 16.9.2006 for payment of the said amount to the petitioner. It is further stated that the necessary cheque has also been issued for an amount of Rs. 541/-. A calculation chart is also enclosed at Annexure-B. Learned counsel for the petitioner disputes the calculation made in the calculation chart and submits that the petitioner is entitled to a further amount. Having regard to the statement made in the counter affidavit the writ petition is disposed of with a liberty to the petitioner to raise his grievance in relation to the calculation of the contributory provident fund amount together with supportive documents and calculative details and which may be considered and disposed of in accordance with law. Bibhash (Jyoti Saran, J.)