IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18455 of 2011 Shesh Nath Rai, Aged 65 years, Son of Late Ram Badan Rai, Resident of Village & P.O. – Jokahra, P.S. Raunapar, District – Azamgarh (U.P.) ………. Petitioner Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Water Resources Department, Sinchai Bhawan, Patna. 2. The Director, Provident Fund Directorate, Pant Bhawan, Patna. 3. The District Provident Fund Officer, Sasaram, District – Rohtas. 4. The Chief Engineer, Mechanical, Water Resources Department, Old Secretariat Barrack, Patna. 5. The Superintending Engineer, Mechanical Circle, Water Resources Department, Gaya, Camp – Dehri. 6. The Executive Engineer, Irrigation Mechanical Division, Dehri, District – Rohtas. 7. The District Magistrate, Rohtas (Pension Cell) at Sasaram. …………. Respondents ---------------------------------- 2 18.10.2011 Heard Sri Ajay Kumar, learned counsel for the petitioner and Miss Priya Gupta, learned A.C. to Additional Advocate General No. 12, who appears on behalf of respondent/State of Bihar. The petitioner, who retired as ‘Welder Grade –2’ from the office of respondent no. 6 / Executive Engineer, Irrigation Mechanical Division, Dehri, District – Rohtas, has prayed for directing the respondents to release the amount of G.P.F. which was deducted from his pay while he was functioning on work-charge establishment. It has been submitted by learned counsel for the petitioner that the said amount though deducted from his salary, it was not deposited in the G.P.F. account. Learned counsel for the petitioner submits that after retirement all other retiral dues have already 2 been paid. It was further submitted that for the relief sought for in the present writ petition, the petitioner has also approached the authority concerned particularly respondent no. 5 /Superintending Engineer, Mechanical Circle, Water Resources Department, Gaya, Camp – Dehri, by filing representation. However, neither any decision has been taken on his representation nor payment has been made. In view of the facts and circumstances, the writ petition stands disposed of granting liberty to the petitioner to file a fresh representation before the respondent no. 5/Superintending Engineer, Mechanical Circle, Water Resources Department, Gaya, Camp – Dehri, within a period of six weeks from today. If such representation is filed, the respondent no. 5 is required to examine the same and pass appropriate order in accordance with law within a period of three months from the date of filing of such representation. If the respondent no. 5 considers the claim of the petitioner as genuine, he is required to pass order for payment of the said amount along with admissible statutory interest within a period of three months from the date of filing of such representation. Even in case of refusal, the respondent no. 5 is required to pass a speaking order and communicate the same to the petitioner 3 within three months from the date of filing of such representation. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)