IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4559 of 2006
Ravindra Nath Sahay ...... Petitioner
Versus
State of Jharkhand & ors. ...... Respondents
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CORAM: HON'BLE MR. JUSTICE D.N.PATEL
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For the petitioner: Mr. Jitendra Nath, Advocate
For the State: Mr. Jalisur Rahman,JC to GP-IV
For Accountant General:Mr. S.Shrivastava, Advocate
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th
05/ Dated: 26 of May, 2009
1. Learned counsel for the petitioner submitted that suffice it will
be for disposal of the present petition, if a direction is given to
respondent no.2 to treat this writ petition as a representation
and the same may be decided, in accordance with law, after
giving an adequate opportunity of being heard to the petitioner.
2. Learned counsel for the respondents submitted that so far as
payment of General Provident Fund amount is concerned, whole
General Provident Fund amount, legally payable to the
petitioner, has already been paid to him, but, the fact remains
that this petitioner, being Accountant, had withdrawn
approximately Rs.29,772/- more, from the General Provident
Fund.
2. Learned counsel for the respondents has taken this Court to the
counter affidavit, filed in this writ petition, as well as the
counter affidavit, filed in C.M.P. No. 548 of 2001, which is also
annexed as Annexure-C to the counter affidavit, filed in this
matter and submitted that the whole General Provident Fund
amount is paid to the petitioner and he has withdrawn slightly
more than the amount, which is legally payable to him, as
stated hereinabove. So far as revision in pension and gratuity
etc. is concerned, they have no much objection, if a direction is
given to respondent no.2 to decide the claim of the petitioner,
except the amount of General Provident Fund, in accordance
with law, within the stipulated time, as given by this Court.
3. In view of the aforesaid submission, I hereby direct respondent
no.2 to treat this writ petition as a representation, along with
the Annexures and counter affidavit, filed by the respondents,
and a decision will be taken by respondent no.2, as earlier as
possible and practicable, preferably within a period of sixteen
weeks from the date of receipt of a copy of the order, passed by
2.
this Court, after giving an adequate opportunity of being heard to
the petitioner, in accordance with law, rules, regulations, policies
and the legally enforceable government orders, applicable to the
petitioner. So far as the amount of General Provident Fund is
concerned, which is already paid, as stated in the counter affidavit,
and slightly a more amount has been withdrawn by the petitioner,
as per the allegations, levelled by the respondents and even as per
the affidavit, filed in C.M.P. No. 548 of 2002, which is at Annexure
C to the memo of counter affidavit and, therefore, except the prayer
with regard to General Provident Fund amount, rest of the prayers,
made in the memo of petition, will be considered by respondent
no.2, while deciding the representation, as stated hereinabove.
4. This writ petition is, accordingly, disposed of, in view of the
aforesaid observations and directions.
(D.N. Patel, J)
A.K.Verma/