£13 mg HIGH COURT OF JUDICATURE AT BILASPUMCHHMTISGRHJ 1-,; WRIT pETITIoN No. §/2@’9&% PE‘Pi‘L‘IGNER : Nagar Nigam Samast Karmachari \ Sangh , Bil aspur Reg s tration No. 3098, Through: Mahamatri Shri Kashi Prasad Karosia son OE shri Ramdayal Kargé’ia resident OE ar& No. 2o Gondpara Bilaspur, Tahsil and Dis tt. Bil aspur ( chhattisg arh ) . VEREES a » 2REtEPONDnlNTS -- Nagar Palika Nigam Bilaspur Thrc ugh z Comm is s ioner BilaSpur Nagar Palik Nigam Bil &spur Chhattisgaxh) . h .kcomissioner, NWW‘ygprashsan Evem vikas Sanchnala‘iéi? é. Bo9al, Palika Bhawan, k §r $+¢X£¢+ Ckkcl¥H£W Shivaja. Air/\vM Chouk Ckuad—wrfé‘x‘L Bhopalm, P‘) ii ‘ Mina piggr'mmN UNDER ARTICLES 226 & 227 of kgkk‘wkw 3 1 1 % CONSTE‘I‘UTION OF INDIA. i W T w ( h ’ ‘ a ,H ‘1‘ Am > m K4 HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETiTlON NO. 8 OF 2001 r Nagar Nigam Samast Karmachari angh, Bilspur Versus Nagar Palika Nam, Bilaspur & Anothe (Writ Pition under Article 226 & 227 of the Consitution of Inia) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. y t r Sh te Presen :- Shri Ram Kuma Tiwari, Advocate for the petitioner. ’t a I Shri A.S. Kachhawah, Advocate for the respondent No.1. ri M.P.S. Bhatia, Dy. Govt. Advoca for the State. (Psed on thi 5 day opriI, 2010) Heard Iearned counsel or the parties. f 1. The members of the petitioner sagh are the employees of Municipal Corporati, Biiaspur (for short “the respondent Corporation”). They ciaim 12% interest on the amount of Proident Fund (for short “PF") deducted from their salary in accordance wit. the circular dated 17—12-1981 issued by the h State Government. 2. According to the learned counse appearing fo the etitioner, the embersQf the petitioner sangh ar also entled to the benefit of ircular dated 17-12-1 981 wherein the interest rate on the PF has been prescribed as 12% per annum. 3. (Learned counsel appearing for the respondent Corporation submits that the respondent Corporation has resolved to grant interest at the rate whatever is payable by the Bank wherein the PF amount deducted from the salary of the members of the i* \ PETITIONER S a ig r RESPONDENTS et t d ORDER (ORAL) s t fA as n on v i r p m e ti c petitioner sangh is deposited. Learned counsel further relies on certain communications dated 3-1-2007, 20-2-2007, 16—3—2007 and 29-3-2007 written to the State Government for appropriate approval with regard to grant‘of interest on PF amount as payable to the Government employees. It is further submitted that the respondent Corporation has not received any instruction with regard to grant of interest, as the amount deducted by the respondent Corporation cannot carry the interest as payable to the Government employees because there is no other sou‘tce of income. The money is always deposited with the Union Bank of lndia wherein the respondent Corporation is having its account and accordingly interest is paid to other saving bank account holders i.e. the employees also. Accounts are open in their individual names. Learned counsel appearing for the State submits that there is no instruction with regard to communications sent by the respondent Corporation. The petitioner is not in a position to show any other document, which indicates that the members of the petitioner sangh being employees of the respondent Corporation are entitled to the l same ratezof interest, as the Government employees are getting l 1 under the above stated circular dated 17-12—1 981. It is the case of the respondent Corporation that the said circular is not applicable to the employees of the respondent Corporation. 6. On the basis of circulars, it cannot be held that the employees of the respondent Corporation may be treated at par with the Government employees for the purpose of grant of interest on y the amount under PF scheme floated by the respondent Corporation, which is regular|y deducted and deposited in the Bank and whatsoever interest is earned form the Bank is payabie to the empioyees of the respondent Corporation. It is also not the case of the members of the petitioner sangh that the PF deducted by the respondent Corporation in their cases are governed by any statutory rules, reguiations or executive instructions framed or issued by the State Government. Thus, the members of the petitioner sangh are not entitied to interest, as granted to the Government empioyees under the circulars. For the reasons. mentioned hereinabove, the writ petition fails and is hereby dismissed. However, since the communications made by the respondent Corporation with regard to grant of rate of interest on PF amount is pending consideration with the State Government, it is expected that the State Government shall consider and decide the same, in accordance with law and communicate the same to the Commissioner, Municipal Corporation, Bilaspur and thereafter, the Commissioner may proceed futther, in accordance with law. There shall be no order asto costs. .9? .t' J . u