IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2287 of 2010 1. RAMESHWAR RAY S/O LATE NARSINGHA RAI R/O VILL. & P.S. DUMRAON, DISTT.- BUXAR Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY 2. THE SECRETARY, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 4. THE DIRECTOR, PROVIDENT FUND, GOVT. OF BIHAR, PATNA 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BUXAR ----------- 2 03/12/2010 The issue raised by the petitioner in the present writ application is non payment of his increment relating to the period 1.1.1971 to 31.3.1973 which was ordered to be deposited in the G.P.F. account by the State Government at the relevant time. Sine these payments were not made of the shelf and all these amounts came to be deposited in the G.P.F. account of the employees in question, petitioner has a rightful claim for refund of the same, now that he has retired. No counter affidavit has been filed on behalf of the District Superintendent of Education, Buxar. Counter affidavit on behalf of the District Provident Fund Officer - 2 - has been filed wherein he has indicated that the District Superintendent of Education is the rightful authority to calculate the G.P.F. amount and interest thereon and pass appropriate order for payment. So far as he is concerned, he is only vested with limited authority in regard to payment of such amount because he is not in a position to state as to the status of this amount deposited during the period 1.1.1971 to 31.3.1973. With the limited dispute which has been raised by the petitioner and the circumstance under which the amount came to be deposited for the period 1.1.1971 to 31.3.1973 is not in dispute. The question is release of this amount in favour of petitioner, if it has not already been done. This writ application is disposed of with a direction upon the District Superintendent of Education, Buxar (respondent nos. 5) to look into the records of the petitioner and if payments have not been made, then he has to take steps for authorization of the amount along with statutory interest thereon in favour of the petitioner preferably within a period of three months from the date of communication or production of a copy of this order. - 3 - This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)