IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3024 of 2007 DANVIR PANDEY Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : M/S Shailendra Prasad and Sanjay Kumar,Adv. For the Respondents: Mr. Rajani Kant Mishra, J.C. to G.P.X. ---------- 4/ 24-06-2008 Heard learned counsel for the petitioner and the State. This writ petition has been filed by the petitioner only for payment of the difference of pay as well as the G.P.F. contribution made by him with statutory interest till the date of payment. Learned counsel for the petitioner submits that the petitioner was working as an Assistant teacher in Uchcha Prathmik Parishad sanskkrit School, Sellipeli ( Basopatti ) , Darbhanga, now Madhubani. He further submits that the said school was taken over by the Government and service of the petitioner was also taken over by the Government with effect from 1.1.1971 and his pay was also fixed with effect from that date but the actual payment was made from 1.4.1973 and hence the difference of the salary from 1.1.1971 to 31.3.1973 amounting to Rs. 1296.00 was deposited by the Government in petitioner’s G.P.F. account No. 56. The second point raised by the petitioner is that petitioner’s contribution to the G.P.F. amounting to Rs.1060.70 paise was also deposited in the aforesaid G.P.F. account with effect from the year 1970-71. Hence he claims that the aforesaid two amounts be clubbed together and paid to the petitioner with statutory interest uptil the date of payment. 2 In support of his stand the petitioner has annexed the calculation chart prepared by him along with the copy of the G.P.F. statement supplied by the B.E.O., Jhanjharpur ( Annexure-2 ) which supports the claim of the petitioner. However, this writ petition has been filed on 9.3.2007 after serving copies thereof to the learned counsel for the state and thereafter two adjournments were given to the learned counsel for the State to file counter affidavit , if he wanted to contest the claim of the petitioner. But till date no counter affidavit has been filed nor any instruction has been sent to learned counsel for the State. In such circumstance, contention of the petitioner stands admitted. Accordingly, writ petition is allowed and the authorities concerned are directed to club together the aforesaid two amounts of the petitioner and deposit it in the G.p.F. Account and pay them to the petitioner along with the statutory interest till the date of payment which must be paid within two months from the date of receipt/ production of the copy of this order. B.Tiwary/ ( S. N. Hussain, J)