IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.245 of 2005 KAPIL DAS Versus THE STATE OF BIHAR & ORS ----------- 03/ 20-11-2009 Heard Mr. Chitrgupt Prasad, learned counsel appearing on behalf of the petitioner and Mr. Bipin Kumar, learned Assisting counsel to A.G. The petitioner has filed the writ petition for re- calculation of his G.P.F. and payment of his balance amount which according to him has been paid less. According to the petitioner although he was entitled to G.P.F. amount of Rs. 4, 09, 661/- but he was paid only Rs. 3, 80,926/- and thereby a less payment of Rs. 28,735/- was paid to him. A counter affidavit was filed on behalf of the State mentioning therein that the petitioner had been paid his G.P.F. and which statement of the respondent was challenged by the petitioner by filing a rejoinder and enclosing a chart showing deposits for the period 1968 onwards. A supplementary counter affidavit was thereafter filed on behalf of the respondent no. 3 i.e. the District Provident Fund Officer, Jehanabad and in paragraph- 5 of the said affidavit it was mentioned that the entire matter and the statement relating to the petitioner for the period 1968-69 to 1975-76 was made available subsequently and whereafter the dues were re-calculated and after incorporating the statutory - 2 - interest the balance amount of Rs. 8,936/- was issued for payment to the petitioner vide authority letter no. 11 dated 2.2.2006. A copy of the said letter is appended at Annexures- A & B to the supplementary counter affidavit. It was thus submitted that the entire G.P.F. amount with statutory interest has been authorized in favour of the petitioner. Although the said affidavit was filed in this Court after service of copy on the learned counsel appearing on behalf of the petitioner on 14.2.2006 but no response has been made on behalf of the petitioner controverting the statement made therein. Learned counsel appearing on behalf of the petitioner submits that he has no instruction as regarding on the issue. In view of the statement made by the respondent no. 3 in paragraph 7 of the supplementary counter affidavit that the entire G.P.F. amount with statutory interest has been authorized in favour of the petitioner, nothing survives in the present writ petition. This writ petition is disposed of as having become infructuous. S.Sb/- (Jyoti Saran, J.)