Patna High Court
Awadhesh Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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/-
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