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Patna High Court

Awadhesh Kumar DubeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to the pending GPF amount and directed the Director of GPF to consider a representation within four weeks and grant the benefits within eight months.

Summary

Awadhesh Kumar Dubey filed a writ petition against the State of Bihar and several officials seeking payment of a pending General Provident Fund (GPF) amount of Rs.3,26,239. The State argued that the grievance had been redressed and the amount paid, while the petitioner contended that a portion remained unpaid and required a representation to the Director of GPF. The Court observed that the petitioner should file a representation detailing the periods for which payment is claimed within four weeks. It directed the Director of GPF to examine the representation, fetch necessary employment details, and, if the claim is justified, issue an order granting the benefits within eight months of the representation. Accordingly, the writ petition was disposed with these directions.

Issues considered

  • Whether the petitioner is entitled to the pending GPF amount claimed.
  • Whether the Court can direct the filing of a representation and prescribe timelines for the Director of GPF to act.
  • Whether the writ petition can be disposed with a direction for the respondent to process the claim.

Subjects

  • General Provident Fund
  • writ petition
  • pending dues
  • representation
  • court direction
  • Civil Writ Jurisdiction
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.154 of 2024
                 ======================================================
                 Awadhesh Kumar Dubey S/o Sri Jagta Nand Dubey, resident of Village-Sabal
                 Bigha, P.S. Jhajha, Dist-Jamui.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary, Bihar, Old Secretariat, Patna.
           2.    Director, Genderal Provident Fund, Government of Bihar, Patna.
           3.    Accountant General, Bihar Patna.
           4.    District Magistrate, Jamui.
           5.    District Provident Fund Officer, Munger.
           6.    Circle Officer, Khaira, Jamui.
           7.    Deputy Collector Establishment, Jamui.
           8.    Treasury Officer, Jamui.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr.Prabhat Ranjan Singh, Adv.
                 For the State          :         Mr. Mahendra Prasad Verma, AC to SC20
                 For the AG             :         Mr. Binod Kumar Labh, SC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   19-02-2026                   Counsel for the petitioner submits that the defect

                   no.19 has already been complied and receipt showing service

                   has also been filed. With regard to defect no.17 to confine the

                   relief, the same is ignored.

                                 2. Counsel for the State submits that the grievances of

                   the petitioner has already been redressed and accumulated

                   amount as against the GPF to the tune of Rs. 3,26,239/- has

                   already been paid and necessary receipts with calculation chart

                   has also been appended with the counter affidavit.

                                 3. Counsel for the petitioner submits that this matter
          Patna High Court CWJC No.154 of 2024(2) dt.19-02-2026
                                                      2/2




                    may be disposed of with a direction that for pending amount as

                    against the GPF for which representation shall be filed giving

                    full details of the period which according to the petitioner is still

                    required to be addressed by the Director, GPF.

                                  4. Considering the submission of the parties, this

                    Court finds that it would be appropriate that this matter is

                    disposed of with a direction upon the Director of GPF that in

                    case a representation giving the details of the periods for which

                    the petitioner is entitled for payment of GPF amount is filed

                    within a period of four weeks from today then the same shall be

                    addressed by them by fetching necessary details from where the

                    petitioner was last working and, on finding his claim to be

                    justified, then necessary order shall be passed and the benefits

                    shall also been extended to the petitioner within a period of

                    eight months from the date of filing of the representation by the

                    petitioner.

                                  5. With the aforesaid observation, the writ petition is

                    disposed of.



                                                                       (Ajit Kumar, J)
rishi/-

U


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