BHAGWAT NARAYAN JHA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2006-5-89
HIGH COURT OF JHARKHAND
Decided on May 10,2006

Bhagwat Narayan Jha Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE appellant retired in the year, 1997 and was paid the retiral benefits but total benefits not having been paid, a writ petition being W.P. (S) No. 5060 of 2001 was preferred by him wherein a Bench of this Court by order dated 26th March, 2002 while held that the appellant was entitled for due payment, directed the authorities to pay the same. Subsequently, the appellant preferred another writ petition being W.P. (S) No. 2044 of 2005 statutory interest on the provident fund amount having not been paid which was deducted from the salary of the appellant.
(2.) THE learned single Judge by order dated 5th May, 2005 having noticed that the entire amount has been paid and the grievance is only with regard to the statutory interest., which was not paid as the provident fund amount was not deposited in time, did not choose to grant any relief. On 25th April. 2006 when the case was taken up the following order was passed: Admittedly the appellant is entitled to contributory provident fund. If no statutory interest for payment on contributory provident fund is prescribed to the employees of Zila Parishad then the respondents are directed to file affidavit as to why the statutory interest prescribed for payment on contributory provident fund or general provident fund or F.P.F. be not allowed and paid in favour of the appellant. Place this case for further heading under the heading for Order on 3rd May, 2006. Pendency of this appeal shall not stand in the way of the respondents to calculate and pay the statutory interest to the appellant at the rate the State Government 's employees were entitled or P.P.F. account holders are entitled. Let a copy of this order be handed over to the learned Counsel appearing for the Zila Parishad.
(3.) IN pursuance of the Court 'sorder the Deputy Development Commissioner -cum -Chief Executive Officer, Zila Parishad, West Singhbhum. Chaibasa, has appeared and handed over an Account Payee Cheque bearing No. 274502 dated 8th May, 2006, issued by the Bank of Baroda, Chaibasa in the name of the appellant Bhagwat Narayan Jha for Rs. 21,559.90 paise and handed over the same to the counsel for the appellant. It is submitted that the said has been calculated towards statutory interest of provident fund on the basis of the statutory interest, as was prevailing up to the date of retirement.;


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