IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3404 of 2006 NAND KISHORE PRASAD, son of Late Bengali Grain, Resident of village-Ushmanpur, Post Office- Kosiawan, Police Station-Ekanagar Sarai, District- Nalanda and at present residing in the House of Suresh Prasad F-656, Kankarbagh, Patna.-200 020 Versus 1. THE STATE OF BIHAR through Commissioner and Secretary to Government, Water Resources Department, Bihar, Sinchai Bhavan, Patna. 2. Secretary to Government, Minor Irrigation Department, Bihar, New Secretariat (Vikash Bhavan), Patna. 3. Engineer-in-Chief-Additional Commissioner-cum- Special Secretary, Water Resources Department, Bihar, Sinchai Bhavan, Patna. 4. Co-ordinator, Tube Well Minor Irrigation Department, Bihar, Visheshwariya Bhavan, Patna. 5. Chief Engineer (South) Tube-Well Wing, Sheikhpura, Patna 6. Superintending Engineer, Tube Well Circle, Mithapur, Patna. 7. Under Secretary to Government, Water Resources Department, Bihar, Sinchai Bhavan, Patna. 8. Executive Engineer, Tube Well Division, Munger. 9. District Provident Officer, Munger. 10. Treasury Officer, Patna Treasury, Patna 11. Accountant General, Bihar, Birchand Patel Road, Patna. ----------- 3 21.04.2010 Mr. Girish Nandan Prasad Singh, learned counsel for the petitioner, Mr. Marukh Nath Roy, learned A.C. to S.C. 11 for the State and Mr. S.M. Ehtesham, learned counsel for the Accountant General are present. The writ petition was filed for payment of the retrial dues of the petitioner who superannuated while holding the post of S.D.O. with effect from 31.1.2001. Admitted position is that the reliefs 2 as prayed in the writ petition have been redressed during the pendency of the proceeding except the claim as regarding the General Provident Fund amount of the petitioner. A counter affidavit has been filed by the District Provident Fund Officer, Munger respondent No.9 mentioning therein that an amount of Rs. 2,13,009/- with up to date statutory interest has been issued for payment to the petitioner vide letter No. 292 dated 26.4.2007. It is stated that the interest for the gap period i.e. from August,2001 to February, 2007 is not admissible in terms of the Government Circular bearing No. L. No. 190 dated 5.2.2005. It is further stated that the amount aforesaid does not include the deductions and interest relating to the period 1982-83 to 1991-92 in absence of deduction statement from the respondent No.8, the Executive engineer, Tube Well Division, Munger who has been repeatedly reminded about sending the deductions but he has failed to do so. Learned counsel for the petitioner admits to the payment of the post retrial dues but submits that not only the petitioner is entitled for the balance amount of the G.P.F. 3 relating to the period 1982-83 to 1991-92 together with up to date interest but he is also entitled to the statutory interest for the period August, 2001 until the date on which the payment of G.P.F. of Rs. 2,13,009/- was made to the petitioner. He submits that the respondents cannot take shelter under the Circular dated 5.2.2005 when they themselves have delayed the payment of the aforesaid amount and have yet not made payment of the entire amount. I am in full agreement with the contention of the learned counsel on this issue. The writ petition is disposed of with a direction to the respondent No.8, the Executive Engineer, Tube Well Division, Munger to forward the deductions statement of the principal and interest amount relating to the period 1982-83 to 1991-92 to the respondent No.9 the District Provident Fund Officer, Munger to enable him to make payment of the same together with interest at the statutory rate calculated until the date of its actual payment. In addition to the above the petitioner would also be entitled to statutory 4 interest on the amount of Rs. 2,13,009/- for the period August, 2001 until the date of its respective payment for the reason that the delay is entirely attributable to the respondent authorities. Needless to add that the District Provident Fund, Officer would provide a calculation chart relating to the G.P.F. deductions and the interest calculation to the petitioner. The exercise aforesaid should be completed within a period of three months from the date of receipt/production of a copy of this order. Bibhash ( Jyoti Saran, J.)