VINEET KOTHARI - (1.) IN pursuance of previous order dtd.8.12.2011, today, the learned counsel for the PF Department Mr. M.L. Pareek has produced before this Court a compilation Schedule (Annex.R/3) giving details of contributions made towards FPF Account No. 10 under the Family Pension Scheme, 1995 by various teachers of respondent - Sardar School. However, he submitted that according to PF Department, the account of Rs. 20,37,327/ - already furnished before this Court and vide page No. 6 of the compilation filed today, after deduction of benefits already given to 20 teachers under the FPF Scheme, the balance amount of Rs. 2,01,657/ - was given to the respondent - Sardar School by cheque No. 159573 dated 19.9.2008 and according to them, therefore, nothing more remains payable under the FPF account to the petitioners - teachers or other similarly situated teachers, 61 in number since the said FPF Scheme was closed for respondent - School after the Educational Institutions lost the legal battle in the Supreme Court of India vide judgment in the case of RPFC V/s Sanatan Dharm Girls Secondary School reported in : 2007 (1) SCC 268.
(2.) On the other hand, the learned counsel for the petitioner as well as respondent No. 4 Sardar Secondary School submitted that the statement of respondent - PF Department is incorrect and not sustainable and drawing the attention of the Court towards the letter (Annex.R/3, Page 54 of the paper book), the learned counsel for the petitioner and the respondent No. 4 Sardar Secondary School submitted that the total contribution of FPF made between the year 1993 -1994 to 2002 -2003 was Rs. 17,04,912/ - out of which after deducting the contributions in regard to 20 teachers as per Annex.2 of the said letter amounting to Rs. 2,72,609/ - , the balance amount of Rs. 14,32,303/ - was liable to be paid by the respondent - PF to the respondent No. 4 - School on account of present 7 petitioners and other similarly situated teachers, total 61 in number. They submitted that out of said sum of Rs. 14,32,303/ - , only a cheque of Rs. 2,01,652/ - was given by the respondent - PF Department vide cheque No. 159573 dtd.19.9.2008 and thus, even now balance of Rs. 12,30,651/ - is payable in the FPF account of these teachers, which if paid shall be distributed amongst 7 petitioners and other similarly situated persons, total 61 in number.
(3.) THE learned counsel for the PF Department Mr. M.L. Pareek further submitted that while giving the account of Rs. 20,37,327/ - , besides the payment of Rs. 12,35,153/ - under the FPF Scheme to 20 teachers, namely, Smt. Uchchhab Kanwar and others ( vide page 3 of the compilation filed today), a sum of Rs. 6,00,522/ - was deducted on account of excess interest paid on Provident Fund refunds made by the respondent - Department and adding the said sum of Rs. 6,00,522/ - to Rs. 12,35,153/ - = 18,35,675/ - , balance amount of Rs. 2,01,652/ - was paid vide aforesaid cheque No. 159573 dtd.19.9.2008.;