Sant Prasad vs The State of Bihar and Others

Ajay Kr. Tripathi, J.—Heard learned counsel for the parties. The G.P.F. of the petitioner was paid in the year, 2004, after he filed the requisite form for final withdrawal on 7.2.2004. Learned counsel for the petitioner submits that in terms of the circular dated 12.2.2002 he is entitled to certain interest because of the delayed payment. He retired in the year, 1992 and according to petitioner the respondents delayed the payment of his claim for almost 12 years.

This Court does not want to express any opinion on the claim of the petitioner or its merit because his claim will be dependent upon the fact whether the delay was because of the petitioner or because of the incumbent authority. Petitioner is given liberty to approach the District Provident Fund Officer, Jehanabad for payment of interest on the delayed release of his G.P.F. amount with necessary fact and evidence to satisfy the authority that his case falls within the parameter of the circular dated 12.2.2002 issued by the Finance Department, Government of Bihar which has been produced before this Court.

If the petitioner satisfies the authority for the benefit of his claim then appropriate consequential steps shall be taken for payment of interest. If the petitioner fails to make out a case in terms of the circular in question then the authority will pass and communicate to petitioner their decision in this regard. This writ application is disposed of with the above direction.