IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 3026 of 2006
Muneshwar Singh Petitioner
Versus
The State of Jharkhand and others Respondents
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CORAM: The Hon'ble Mr. Justice D.G.R. Patnaik
For the Petitioner: Mr. Pradip Kumar Prasad, Advocate
For the Respondents: JC to SC (Mines)
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3. 01.04.2009
The petitioner who had superannuated from service on 31.1.1991 under the
respondents, has claimed payment of the entire provident fund amount which, according
to his own calculation, has been assessed at Rs. 1,12,552/-.
2. The contention of the learned counsel for the petitioner is that against the
aforesaid assessed amount, the respondents have released only Rs. 55,000/- and has not
paid the balance amounts despite repeated demands. A further prayer has been made by
the petitioner for a direction to the respondent authority for granting him promotion to
the Super Selection Grade (Super Star) from the date when such promotion fell due to
him and to pay all the consequential benefits which has been withheld.
3. Learned counsel for the petitioner would explain that computation of the total
amount of GPF has been made and chart thereof has been annexed to the writ application
as Annexure-1 in which the details of the monthly deductions made from his salary from
the date of his appointment in service, in the various districts commencing from the year
1956, has been categorically stated. Learned counsel explains further that in the counter-
affidavit, the assessment of the payable dues as made by the respondent appears to be
erroneous in as much as, the calculations have been made without taking into account the
entire deposits of the petitioner’s contribution made during his service tenure at the
various districts.
As regards the petitioner’s claim for grant of promotion to the Super Selection
Grade, the statement in the counter affidavit of the respondent no. 3, Deputy
Commissioner, Hazaribagh is that such eligibility having accrued to the petitioner while
he was posted in the district of Giridih, the petitioner ought to have made his claim
before the concerned authorities of the said district.
4. From the statements contained in the counter-affidavit regarding the petitioner’s
claim for grant of Super Selection Grade, it appears that the matter has to be verified and
proper assessment of the claim of the petitioner needs to be made by the respondent
State. It also appears from the statement and calculation chart of the GPF amount payable
to the petitioner, as compared to the statement contained in the counter-affidavit of the
respondent no. 2, that the discrepancy regarding the amount of GPF payable to the
petitioner has been created on account of omission of certain deposits which were made
after deductions from the petitioner’s salary towards the GPF in some of the districts
where the petitioner has worked.
5. Considering the above facts, the respondent authorities are directed to make a
proper verification of the petitioner’s claim in respect of the amount for which payment
has to be made in the GPF account and for such purpose, respondent shall also verify the
statement of the petitioner in the chart (Annexure-1). Likewise, the respondent State shall
also verify from the service records of the petitioner as to whether during the tenure of
his service, at any point of time, the petitioner had earned his eligibility for his promotion
to the Super Selection Grade and if so, then take a proper decision on the same. This
exercise must be carried out and completed by the respondent authorities within a period
of four months from the date of receipt of a copy of this order. The petitioner shall also
file a fresh representation enclosing the chart in which the details of his claim have been
worked out and also mentioning the details in respect of his claim for grant of Super
Selection Grade Scale, along with a copy of this order, within one week from the date of
this order. While making assessment of the petitioner’s claim, the respondent shall also
consider payment of statutory interest on the amount of GPF payable to the petitioner for
the period of delay, if any, in making the payment of the GPF amount.
With this observation, this writ application is disposed of.
Let a copy of this order be given to the counsel for the respondent State.
(D.G.R. Patnaik, J)
Ranjeet/