TARA PADA HAZRA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2008-12-66
HIGH COURT OF JHARKHAND
Decided on December 16,2008

Tara Pada Hazra Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the respondents.
(2.) LEARNED counsel appearing for the petitioner submits that the petitioner, an Assistant Teacher working at Somadih Primary School, Patamdah, East Singhbhum, got retired on 31.10.1994 but the arrears of salary for the period from 01.01.1971 to 31.03.1973 and also interest over it, has not been paid to the petitioner and that apart amount of the G.P.F. deposited in between 1968 -69 to 198485 has also not been calculated properly, as only Rs.13,289/ -has been shown to have been deposited within that period but as a matter of fact much more amount had been deposited by the petitioner during that period. Furthermore the amount of the G.P.F. though has been paid to the petitioner on 26.03.1996 but the interest has been calculated up to only 30.04.1995 and therefore, the petitioner would be entitled to have amount of interest for the period from 01.05.1995 to 26.03.1996. A counter affidavit has been filed on behalf of District Provident Fund Officer wherein it has been shown that the petitioner has deposited a sum of Rs. 13,289/ -only in his provident fund account for the period from 1968 -69 to 1984 -85. However, no counter affidavit has been filed on behalf of the District Superintendent of Education, and as such it is not known as to whether any payment for the period from 01.01.1971 to 31.03.1973 has been made to the petitioner or not.
(3.) IN that view of the matter, this writ application is disposed of with a direction to the petitioner to file a representation before the District Superintendent of Education, East Singhbhum, Jamshedpur (Respondent No. 2) with respect to his claims as indicated above, with a copy of this order within a period of four weeks and the respondent No. 2 shall be deciding the matter regarding the payment of the claim within six weeks from the date of receipt of the representation. At the same time, the petitioner would also file a representation before the District Provident Fund Officer, East Singhbhum, Jamshedpur regarding his claim of the amount of the G.P.F. for the period 1968 -69 to 1984 -85 and also with respect to interest on the amount which has not been calculated for the period from 01.05.1995 to 26.03.1996 and the respondent No. 3, The District Provident Fund Officer on getting the said representation will be taking decision within six weeks from the date of receipt of the representation. It goes without saying that if the amount is found payable the same shall be paid immediately within a period of further three weeks.;


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