IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P ( S ) No. 2712 of 2006
Kunj Bihari Singh …. Petitioner
Versus
State of Jharkhand and others … Respondents
Coram : HON’BLE MR. JUSTICE D.G.R. PATNAIK.
For the petitioner (s) : Mr. Sanjay Kr Pndey
For the respondents : JC to GP IV
01.04. 2009. The petitioner having served in the Education
Department, has superannuated from service in the year 1999 while
working in the territory of Jharkhand.
From the statements made in the writ petition, it
appears that pursuant to the direction contained in the notification issued
by the Government, arrears of salary of the petitioner and other teachers
like him, which was payable for the period 1.1.1971 to 31.3.1973 was
deposited by the State of Bihar in the GPF accounts of the respective
teachers. Upon such deposit having being made, the amount of deposit
together with interest which accrued thereon was payable to the petitioner
by way of his retiral benefits.
The grievance of the petitioner is that though the retiral
benefit including the aforesaid deposited amount has been paid to the
petitioner, but the interest which accrued on the deposited amount of
arrears of salary, has not been calculated at the rates declared as per the
resolutions adopted from time to time by the then State of Bihar.
The petitioner in his writ petition has referred to
various resolutions in which the rates of interest has been stipulated. The
demand of the petitioner is that the respondents should pay the amount of
interest by making calculation at the rates stipulated by the Government
in its various resolutions issued from time to time.
Referring to a Division Bench Judgment of this Court
in the case of Hare Ram Pandey Vs. State of Jharkhand ( LPA No. 651 of
2002), learned counsel for the petitioner submits that this issue has been
finally settled and it has been declared that the employees are entitled to
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the payment of interest on the amount of deposit made in the respective
GPF accounts of the employees concerned.
Learned counsel for the State is present.
Though no counter affidavit has been filed, yet, even as
per the annexures to the writ petition, it is apparent that the arrears of
salary payable to the petitioner for the period aforesaid, was deposited in
the GPF account of the petitioner and it also appears that the amount
deposited in the GPF account was paid to the petitioner after his
retirement. The claim of the petitioner is for payment of interest which has
not been paid on the amount which remained in deposit during the entire
period.
Considering the above facts and circumstances,
authorities of the respondent namely the Dist Superintendent of
Education and the District General Provident Fund Officer are directed to
assess the amount of interest payable on the amount of deposit made in
the GPF account of the petiotner, in accordance with the rate stipulated by
the Government in its various resolutions as indicated in the writ petition
of the petitioner. Upon making such assessment, the respondent
authorities shall communicate their decision on the petitioner’s claim
effectively to the petitioner and if on assessment, any amount is found
payable, then within one month from the date of their decision on the
issue, shall release payment to the petitioner. The entire exercise must be
completed within three months from the date of receipt of a copy of this
order.
To facilitate matters, the petitioner shall submit a fresh
representation along with a copy of the order before the concerned
authorities of the respondent Dist Superintendent of Education.
Ambastha/ (D.G.R. Patnaik,J)