IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11083 of 2005 RAJDEO MANDAL, S/o- Late Gosain Mandal, resident of village-Kisnipatti, P.O. & P.S.-Ghoghardhiha, District-Madhubani. Versus 1. THE STATE OF BIHAR through the Secretery, Department of Primary Education, Government of Bihar, Patna. 2. The Director, Department of Primary Eduction, Government of Bihar, Patna. 3. The District Magistrate, Madhubani. 4. The District Superintendent of Education, Madhubani. 5. The District Provident Fund Officer, Madhubani. 6. The Accountant General, Bihar, Patna. ----------- 3 23.04.2010 Heard Mr. Praful Chandra Thakur, appearing on behalf of the petitioner, on the instruction of Mr. Pramod Mishra, learned counsel for the petitioner, Mr. Shashi Shekhar Prasad Sinha, learned A.C. to G.P.9 for the State and learned counsel for the Accountant General. The petitioner who superannuated from the post of Assistant Teacher, Middle School, Matras in the District of Madhubani with effect from 31.8.2004 has filed the writ petition for a direction to the respondent No.4 for making the following payment :- ……(a) the differential salary amount for the period 1.1.1971 to 31.3.1973 which was required to be 2 deposited in the General Provident Fund account under the Circular No. 763 dated 9.2.1973 together with up to date statutory interest thereon. (b) the amount deposited in the suspension account during the period 1974-1976 together with admissible statutory interest thereon. (c) the amount relating to deductions of G.P.F. for the period prior to 1976 together with admissible interest. Although the matter has remained pending before this Court since 2005 and affidavits on behalf of the Accountant General and the District Provident Fund Officer has been received mentioning therein that the required steps for payment of the dues in question is being taken by the respondent No.4, the District Superintendent of Education, Madhubani but no counter affidavit has been filed on behalf of the said respondent and when the matter has been taken up today Mr. Sinha, learned counsel representing the State submits that he has not yet received any instructions from the concerned respondent on the issue. 3 Having regard to the aforesaid circumstances, I am of the opinion that it would be appropriate to dispose of this writ petition with a direction to the respondent No.4 to ensure the payment of the pending claim of the petitioner as noted hereinabove in this order together with up to date statutory interest thereon, within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of with the directions aforesaid. Bibhash ( Jyoti Saran, J.)