Patna High Court
Sangi Prasad Yadav vs The State Of Bihar And Ors on 21 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5493 of 2017
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Sangi Prasad Yadav Son of late Deo Nandan Prasad Yadav Resident of
Madhwan, Police Station- Paliganj, District- Patna, Presently at Kasera tola,
P.S.- Khajekalan Patnacity District- Patna- 800008
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors.
2. The District Provident Fund Officer, Giridih Collectorate Giridih Jharkhand.
3. The Executive Engineer, Konar Canal Division, Bagodar, District- Giridih.
4. The Accountant General, Bihar, Birchand Patel Marg, Patna.
5. The Director, Provident Fund RanchiJharkhand.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Kamran, Advocate
For the Respondent/s : Mr. Vinay Kirti Singh, (GA 2)
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 21-12-2022
Heard Mr. Md. Kamran, learned counsel appearing on
behalf of the petitioner and Mr. Vinay Kirti Singh, learned GA 2.
The present writ application has been filed seeking a
direction upon the respondent to pay the entire residual balance of
GPF amount payable to the petitioner in terms of the
representation and calculation chart, annexed with the writ
petition, as contained in Annexure 1 to the writ application.
A counter affidavit has been filed on behalf of the
respondent nos. 2 to 5, negating the claim of the petitioner and
submits that the calculation chart annexed with the writ petition is
wrong and incorrect. The stand of the State respondent authorities
Patna High Court CWJC No.5493 of 2017 dt.21-12-2022
has been elaborately mentioned in details in paragraph nos. 11 to
16 of the counter affidavit.
A rejoinder to the counter affidavit has been filed on
behalf of the petitioner, the same is taken on record.
Learned counsel appearing on behalf of the petitioner
reiterating his statements made in the writ petition submits that the
case of the petitioner is based on unimpeachable documents which
would suggest that the petitioner is entitled to the reliefs prayed for
in the writ application.
Considering the disputed question of facts, this Court
directs the petitioner to file an exhaustive representation before the
District Provident Fund Officer, Giridih Collectorate, Giridih
(Jharkhand) within a period of four weeks.
It is needless to say if such a representation would be
filed, the respondent no. 2 shall consider the same and pass a
reasoned and speaking order, preferably within a period of eight
weeks, from the date of receipt/production of a copy of this order.
Accordingly, the present writ petition stands disposed
off with the aforesaid direction.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.12.2022.
Transmission Date NA
