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Patna High Court

Ajay Kumar Singh vs The Employees Provident Fund ... on 9 November, 2022

Author: Harish Kumar

Bench: Harish Kumar

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.17668 of 2019
     ======================================================
     Ajay Kumar Singh Son of Late Sahdeo Singh Resident of Village and Post
     Office- Kurthaul, Police Station-Parsa Bazar, District-Patna, PIn Code-
     804453.

                                                             ... ... Petitioner/s
                                     Versus
1.   The Employees Provident Fund Organisation through the Regional
     Provident Commissioner, BIhar, Patna. having their Offices at Bhavishya
     Nidhi Bhavan, Road No.6, R-Block, Patna 800001
2.   The Regional Provident Commissioner, Employees Provident Find
     Organisation. having their Offices at Bhavishya Nidhi Bhavan, Road No.6,
     R-Block, Patna 800001
3.   The Assistant Provident Fund Commissioner, (Pension), Employees
     Provident Fund Organisarion.having their Offices at Bhavishya Nidhi
     Bhavan, Road No.6, R-Block, Patna 800001
4.   The Deputy Regional Manager, Employees Provident Fund Organisation.
     having their Offices at Adampur Chowk, Bhagalpur-8121001
5.   The Assistant Provident Fund Commissioner, (Pension), Employees
     Provident Fund Organisation. having their Offices at Adampur Chowk,
     Bhagalpur-8121001
6.   The Bihar State Food and Civil Supplies Corporation Ltd., through its
     Managing Director.
7.   The Managing Director, BIhar State Food and Civil Supplies Corporation
     Ltd.
8.   The Chief of Finance, Bihar State Food and Civil Supplies Corporation
     Ltd.having their Offices at R-Block, Birchand Patel Road, Patna-800001.
9.   The District Manager, Bihar State Food and Civil Supplies Corporation Ltd.,
     Jamui.
10. The, Accounts Officer, Bihar State Food and Civil Supplies Corporation
    LtdJamui.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Rajiv Nayan Singh, Advocate
     For the EPFO           :     Mr. Prashant Sinha, Advocate
     For the BSFC           :     Mr Shailendra Kumar Singh, Advocate
                                  Mr. Utkarsha Utpal, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

Date : 09-11-2022 Patna High Court CWJC No.17668 of 2019 dt.09-11-2022 2/3 Heard Mr. Rajiv Nayan Singh, learned counsel appearing on behalf of the petitioner and Mr. Prashant Sinha, learned counsel for the EPFO.

2. At the outset, learned counsel for the petitioner fairly submits that so far the remaining EPF amount is concerned, the same has been paid to the petitioner on 02.08.2022, though the petitioner superannuated, way back on 30.04.2012.

3. The petitioner is claiming statutory interest over the delayed payment of EPF amount, which has been bestowed on him, after a decade. He further contended that for redressal of the aforesaid grievance, the petitioner has also submitted his representation before the Regional Provident Fund Commissioner, Bihar, Patna and the same is pending consideration, till date.

4. On the other hand, Mr. Prashant Sinha, learned counsel appearing on behalf of the EPFO, that all the admissible amount of EPF alongwith the interest has stood paid and the very grievance of the petitioner for interest is misconceived.

5. Be that as it may, considering the aforesaid facts and circumstances, the respondent no. 2 is directed to dispose of the representation of the petitioner dated 06.08.2022 as contained in Annexure 9 to the reply filed on behalf of the petitioner to the rejoinder on behalf of the respondent nos. 1 to 5, as early as Patna High Court CWJC No.17668 of 2019 dt.09-11-2022 3/3 possible, preferably within a period of six weeks from the date of receipt/production of a copy of this Order. It is made clear that if the petitioner is found entitled for any interest over the delayed payment, the same shall be paid within the aforesaid period. The respondent is also directed to furnish the calculation chart to the petitioner for proper verification at his end.

6. Accordingly, the present writ application stands disposed of.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          11.11.2022.
Transmission Date       NA