Saryug Singh vs State Of Jharkhand & Ors on 11 July, 2011

IN THE HIGH COURT OF JHARKHAND AT RANCHI
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                        L.P.A. No. 496 of 2010
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          Saryug Singh              .......  ............Appellant
                            --Versus--
          The State of Jharkhand, through the
          Secretary, Primary Education, Human
          Resource Department, Jharkhand & Ors......Respondents
                            -------------
          CORAM       :     HON'BLE THE ACTING CHIEF JUSTICE
                            HON'BLE MRS. JUSTICE JAYA ROY

          For the Appellant : Mr. Sanjay Kumar Pandey,Advocate
          For the State       : J.C. to G.P.-III
                           -------------

Order No.07                            Dated 11th July, 2011


                      Heard the counsel for the parties.

           2.         The appellant's claim is that he was entitled to

           revised pay-scale for the period from 1.1.1971 to 31.3.1973

           and in fact the principle amount was paid to the appellant

           on 25.9.2004 and that amount paid to the petitioner-

           appellant was Rs.3,462/-.

           3.         It is submitted that it was a Government

           decision to deposit the said amount in the Provident Fund

           Account so that the amount may be paid to the employee

           with interest payable on Provident Fund at the time of

           retirement. The petitioner was paid the principle amount,

           but he has not been paid the interest threreon. It is

           submitted that in identical facts and circumstance a

           Division Bench of this Court in the Case of Hare Ram

           Pandey Versus State of Jharkhand in L.P.A. No.651 of

           2002 observed that- it was the duty of the State to pay the

           interest and because of the default committed by the State,

           the employee cannot be made to suffer.

          4.          The counsel for the appellant submitted that in

          spite of Division Bench judgment of this Court in Hare Ram
             Pandey's case, the learned Single Judge dismissed the

            petitioner-appellant's writ petition on the ground of delay.

            5.          In the facts and circumstances of the case, the

            State has not suffered any loss because of the delay and the

            petitioner-appellant's amount has been deposited in the G.P.F.

            account   and   hence,   that   amount     carries   the   interest.

            Therefore, in the light of the judgment dated 30.04.2003

            passed in Hare Ram Pandey's case same directions are issued

            that the appellant shall be entitled to get the amount of

            statutory interest treating the aforesaid amount of Rs.3,462/-

            as part of his provident fund. The appellant, therefore, will be

            entitled for the interest for the period from 01.04.1971 to

            25.09.2004

, the date on which the principle amount was paid

to the petitioner-appellant.

6. Accordingly, the L.P.A. is allowed and the order

passed by the learned Single Judge is hereby set-aside in view

of the reasons given above.

(Prakash Tatia, A.C.J.)

(Jaya Roy, J.)
Biswas/SI