In the High Court of Judicature for Rajasthan Jaipur Bench **
Civil Writ Petition No.2140/2009 Manoj Kr. Sharma Versus Commnr Empl. PF
Dept & Jaipur Engg. College Jaipur
Date of Order ::: 05/12/09
Hon'ble Mr. Justice Ajay Rastogi
Mr. Bipin Gupta, for petitioner
Mr. Suresh Sharma, for respondent-1
No one has appeared on behalf of respondent-2 despite service even in second round.
Only grievance raised by petitioner herein is that his amount of provident fund being due & admissible to him has not been paid so far. Petitioner was appointed as Technical Assistant and worked in Jaipur Engineering College (respondent-2) for the period from 231/07/2004 to 09/03/2007; and he resigned from services of respondent-2-College as is evident from relieving letter dt.17/03/2007 (Ann.1). As alleged, during his services with respondent-2-College regular deductions towards provident fund contribution of employee & employer were made from his monthly salary as is evident from salary slips placed on record, which has not been disputed by respondents.
Counsel submits that as per Rules, after petitioner left service of respondent-2 College, he applied for release payment of provident fund amount lying in his account maintained before the respondent-1 but it was informed by the department that cheque has been sent to respondent-2 (College) for its payment and when letter followed by legal notice was sent, it was informed by respondent-2 (College) vide letter dt.20/07/09 (Ann.5) filed alongwith additional affidavit dt. 04/08/09, informing Counsel for petitioner that petitioner may collect cheque of amount towards PF contribution from the college; but since cheque was not given to him, he has approached this Court by way of instant petition.
No reply to writ petition has been filed by either of respondents. It is clear from material on record that there is no dispute as regards admissibility of payment of provident fund contribution amount. Taking note whereof (supra), writ petition is allowed with the direction to respondent-2 to make payment of PF amount lying with them within two weeks from the submission of certified copy of this order. No order as to costs.
(Ajay Rastogi), J.
K.Khatri/p2/
2140CW09Dec5-PF-Ald.doc