IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10573 of 2008 Vishwanath Sharma, Son of Late Ayodhaya Sharma, Resident of Village – Bishambharpur, P.O. – Sutihar, Police Station – Derni, District – Saran (Chapra). ………. Petitioner Versus 1. The State Of Bihar. 2. The Superintendent of Police, Madhepura. 3. The Superintendent of Police, Saharsa. 4. The Director, Provident Fund Directorate, Patna. 5. The District Provident Fund Officer, Madhepura. 6. The Accountant General, Bihar, Patna. 7. Superintendent of Police, Muzaffarpur. …………… Respondents ---------------------------------- 3 03.11.2011 Today again, none appeared on behalf of respondent no. 1 to 5 /State of Bihar. On earlier occasion also none had appeared on behalf of respondent/State which is evident from the order dated 25.10.2011. The petitioner, who retired in the year 1995 has prayed for directing the respondents to make payment of amount of provident fund from 16.02.1957 to 1982 along with statutory interest and it has further been prayed to direct the respondents to make payment of arrear of salary from 01.01.1983 to 20.08.1983. In this case two counter affidavits have been filed on behalf of respondent no. 2 & 3 i.e. Superintendent of Police, Madhepura and Superintendent of Police, Saharsa respectively. On perusal of the counter affidavit of the respondent no. 2 it appears that letters were sent by the respondent no. 2 regarding payment of G.P.F. amount. It further appears from counter affidavit of respondent no. 3 2 that claim of dues salary was pending with Superintendent of Police, Muzaffarpur. The Superintendent of Police, Muzaffarpur has not been impleaded as party respondent in the writ petition. Learned counsel for the petitioner is permitted to implead Superintendent of Police, Muzaffarpur, as respondent no. 7. In absence of any counter affidavit on behalf of respondent no. 4 & 5 and also due to non-appearance of learned counsel for the State, the writ petition stands allowed so far as claim of G.P.F. amount is concerned with direction to the respondent no. 4 & 5 to take all steps for payment of due amount of G.P.F. along with admissible statutory interest to the petitioner within a period of eight weeks from the date of receipt / production of a copy of this order. So far claim of arrear of salary is concerned, the petitioner is granted liberty to file a detailed representation before Superintendent of Police, Muzaffarpur, within a period of six weeks. If such representation is filed, the respondent / Superintendent of Police, Muzaffarpur, is required to examine the same and pass appropriate order in accordance with law within a period of four months from the date of filing of such representation. If Superintendent of Police, Muzaffarpur, considers the claim of the petitioner as genuine, he is required to pass order for clearing the dues 3 within aforesaid time. Even in case of refusal, Superintendent of Police, Muzaffarpur, is required to pass a speaking order within four months from the date of filing of such representation. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)