IN THE HIGH COURT OF JHARKHAND AT RANCHI.
W.P. (S) No. 998 of 2008
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Sarbeshwar Singh Sardar ... ... Petitioner
-V e r s u s-
The State of Jharkhand & others ... ... Respondents
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CORAM: - HON'BLE MR. JUSTICE D.G.R. PATNAIK.
...
For the Petitioner : - Mr. A.R. Sarangi, Advocate
For the Respondents :- J.C. to S.C.(L&C).
...
4/ 25.02.2009
Prayer in this writ application has been made for directing the
respondents to furnish a copy of the calculation chart of the General
Provident Fund Account of the petitioner and also to pay the balance of
the G.P.F. amount along with up to date statutory interest.
2. The petitioner was employed as Trained Stockman in the office of
the District Animal Husbandry Officer, Dumka on 22.07.1958 and he was
allotted a Provident Fund Account No. VA-22657 by the Accountant
General, Bihar. The Account Number was subsequently changed as Vet-
3255 and later on again to SGB/Vet 98.
The petitioner’s contention is that he had made regular
contribution towards G.P.Fund from his salary account. The petitioner
thereafter filed his representations before the Accountant General, Bihar
and the Director of Provident Fund, Bihar on 27.09.2004 praying for
sending the balance statement of the G.P.Fund up to 1981-82 to the
District Provident Fund Officer, Singhbhum as because the G.P.Fund
account was maintained by the Accountant General till 1981-82.
Pursuant to the petitioner’s representation, the Accountant General,
Bihar, Patna issued two instructions to the District Provident Fund
Officer, Singhbhum. These instructions contained a communication
regarding the G.P. Fund Account No. Vet-3255 which was a
communication of wrong number as the said number was allotted to one
S.N.Thakur. A further communication was issued by the Accountant
General instructing that if there is any discrepancy in the account of the
petitioner, the District Provident Fund Officer should collect the attested
details of deposits and withdrawals till 1981-82 from the respective
Drawing and Disbursing Officer and maintain the account of the
petitioner in his office.
The petitioner’s grievance is that despite such instructions and
despite lapse of more than three years, the instructions have not been
followed by the District Provident Fund Officer and neither has the
balance of the G.P. Fund been given to him nor has the statement of the
G.P.Fund Account been furnished to the petitioner.
3. Learned counsel for the respondent State is present.
4. Though no counter affidavit has been filed, but from the perusal of
the annexures to the writ application, it does appear that the petitioner
was employed in the office of Animal Husbandry Officer in the district of
West Singhbhum and had superannuated in the year 1995. It also appears
from the annexures that though part payment of the G.P.Fund was made
to him, but the payment for the years 1981-82 has not been given and
further, though the G.P.Fund amount has been paid for the year 1992 to
1995, but no statutory interest has been paid for such delayed payment. It
also appears that inspite of repeated demands of the petitioner, the
statement of his G.P.Fund account has not been furnished to him, inspite
of the directions of the Accountant General to the concerned District
Provident Fund Officer.
5. Considering the aforesaid facts and circumstances, the petitioner
shall file a fresh representation before the concerned authorities namely
the Respondent No. 2 and if necessary, before the District Provident Fund
Officer, Saraikella also, raising his claim and stating the grounds in
support thereof and within two months from the date of receipt of
representation, the concerned respondent shall dispose of the
representation by passing a reasoned and speaking order and if any such
amount as claimed by the petitioner towards arrears of G.P.Fund amount
is found payable, then the concerned respondent shall ensure that such
payments are released and paid to the petitioner within the period
stipulated above. The respondents shall also forthwith furnish a detailed
statement of G.P.Fund account of the petitioner within the period
stipulated.
With these observations, this writ petition is disposed of at the
stage of admission itself.
Let a copy of this order be given to the counsel for the respondent
State.
(D.G.R.Patnaik,J.)
Birendra/