IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15801 of 2005 MURLI MANOHAR LAL s/o Late Nand Kishore Narayan Lal, Flat No. 208, Raja Ram Mohan Roy Complex, Road No. 11, Ashok Nagar, Kankarbagh, Patna-20. …. Petitioner. Versus 1. THE STATE OF BIHAR through its Chief Secretary, Govt. of Bihar, Old Secretariat, Patna-1. 2. The Commissioner & Secretary (Home) Police Department, Govt. of Bihar, Old Secretariat, Patna.-1. 3. The Commandant General, Home Guard, Chhajubag, Patna-4. 4. The District Commandant, Home Guard, Patna-4. 5. The District Magistrate, Patna. 6. The Director, Pension Cell, Finance Deptt. Govt. of Bihar, Old Secretariat, Patna- 1. 7. The Director, G.P.F. (Finance Deptt.), Pant Bhawan, Patna-1. 8. The District Provident Fund Officer, Patna.-1. 9. The Accountant General, Bihar, Birchand Patel Marg, Patna-1. … Respondents. ----------- 3 7.05.2010 Heard counsel for the petitioner, counsel for the State as also counsel for the Accountant General. The grievance of the petitioner in this writ petition remains confined to payment of part of GPF Contribution for the period 1965 to 1981. The petitioner who was working in Bihar Home Guard had admittedly made contribution to the GPF in the aforesaid 1965 to 1981 but the custodian of the records, authorities of the State are not in a position to find out such records or details of such contribution as a result whereof no one except the petitioner is the lone sufferer in the matter of receipt of his amount of provident fund. Such situation however cannot 2 be allowed to continue for an indefinite period inasmuch as this writ petition is itself pending for almost five years with no advantageous result. In that view of the matter, this Court would direct the respondents to ensure that whatever may be the mode of calculation, when they can not be found from the records, they must do it by calculating amount of provident fund of the petitioner for the period 1965-1981 on a presumptive basis by taking average of monthly amount paid earlier by the petitioner in 1964 and again recovered from the petitioner in 1986 and pay to the petitioner within a period of three months from the date of receipt/production of a copy of this order along with statutory interest from the date of entitlement i.e. date of retirement till the date of his actual payment as per the prescribed rate under GPF rules. With the aforesaid direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)