Patna High Court
Madan Mahto vs The State Of Bihar on 6 August, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4906 of 2022
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1. Madan Mahto S/o Late Mathura Mahto Resident of Kadi Bigha, P.S. -
Rahui, District- Nalanda.
2. Lal Babu Thakur S/o - Nand Kishore Thakur Resident of Village Harnichak,
Mahuli Tola Anishabad Pakri, P.S. Anishabad, District- Patna, Pin - 800002.
3. Mishri Mahto S/o - Late Feku Singh Resident of Bhadurpur, P.S. -
Phulwarisharif, District- Patna.
4. Abhilesh Singh S/o - Late Yatan Singh Resident of Govindpur Laxman Tola,
P.S. - Phulwarisharif, District- Patna.
5. Parmanand Tripathi S/o - Late Harinarayan Tripathi Resident of Gauri
Pundah, P.S. and P.O. - Gauri Pundah, District- Patna, Pin - 803201.
6. Ram Jatan Rai S/o - LOate Mukhun Rai Resident of Chitkohra Nahar,
Ambedkar Chawk, Anisabad, P.S. - Gardanibagh, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, Building Construction Department, Vishweshwarya
Bhawan, Bihar, Patna.
3. Special Secretary cum Nodal Officer, CFMS Cell, Building Construction
Department, Patna.
4. Engineer in Chief, Building Construction Department Vishweshwaraya
Bhawan, Bihar, Patna.
5. Chief-Engineer, Building Construction Department, Viweshwaraya Bhawan,
Bihar, Patna.
6. Superintending Engineer, Building Construction Department South Bihar
Circle, Punaichak, Patna.
7. Executive Officer, Building Construction Department, Udyan Pramandal
Back Harding Road, Railway Crossing, Quarter no. 12, Patna.
8. Commissioner, Directorate of Provident Fund, Finance Department, Bihar,
Patna.
9. District Provident Fund Officer, Patna District, Patna.
Patna High Court CWJC No.4906 of 2022 dt.06-08-2024
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... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Atul Kumar Pandey, Adv.
For the Respondent/s : Mr.Uday Shankar Sharan Singh (GP19)
Mr. Rakesh Kumar Chandram, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 06-08-2024
Heard Mr. Atul Kumar Pandey, learned Advocate for
the petitioners and Mr. Rakesh Kumar Chandram, learned
Advocate for the State.
2. The petitioners invoke the jurisdiction of this
Court seeking a direction upon the respondents to ensure
payment of the Contributory Provident Fund (CPF) amount, due
against them for the period 1985-86 to 2013-14 when the
petitioners were under the work charge establishment and
finally they have been brought in the regular establishment with
effect from 20.02.2024 vide Memo No. 2912 dated 17.05.2014.
3. Learned Advocate for the petitioners fairly
contended that during the pendency of the writ petition the
petitioners have been accorded the respective CPF amount for
the period aforenoted. However, the petitioners have not been
accorded the interest till the actual payment is made nor they
have been provided the calculation chart. It is also contended
Patna High Court CWJC No.4906 of 2022 dt.06-08-2024
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that the petitioners were Class-IV employee and as such they
were not in a position to make proper calculation as to whether
the actual admissible amount under the Contributory Provident
Fund has been paid to them or not.
4. Learned Advocate for the State referring to the
counter affidavit filed on behalf of respondent nos. 2 to 7 has
submitted that all the petitioners have been paid their admissible
CPF amount through CFMS for the period aforenoted, the
particulars of which have been duly mentioned in paragraph
nos. 6 to 9.
5. Learned Advocate for the petitioners at this stage
contended that the actual payment has been made on 25.04.2023
and 29.05.2024, however interest has not been accrued for
certain period as is evident from the fact that the Executive
Officer, Garden Division vide its Letter No. 1776 dated
27.04.2022
wrote to the Assistant Commissioner, Provident
Fund Directorate that due to non-availability of allocation of
fund payment could not be made. The said letter also
demonstrates the amount of CPF. Surprisingly after delay of two
years the payment has been made but with the same amount
without any interest.
6. Having heard the parties and taking note of the
Patna High Court CWJC No.4906 of 2022 dt.06-08-2024
limited grievance of the petitioners and the averments made in
the counter affidavit, the writ petition stands disposed of with a
direction to the respondent no. 7 to verify the claim of the
petitioners as to whether the interest over the CPF amount has
been paid till the actual payment is made or not. In case interest
has not been paid till the actual payment of CPF amount, the
petitioners shall be entitled to get the statutory interest till the
actual payment is made. If the claim of the petitioners finds
favour, the amount of interest shall be paid to them, preferably
within a period of eight weeks from the date of
receipt/production of a copy of this order. The respondent no. 7
is also directed to furnish the calculation chart to each of the
petitioners separately.
7. The writ petition stands disposed of.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 07.08.2024
Transmission Date
