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2010 Supreme(Pat) 262

DIPAK MISRA, MIHIR KUMAR JHA
State Of Bihar – Appellant
Versus
Ram Pavitra Singh Son Of Late Meghan Singh – Respondent


JUDGEMENT

Mihir Kumar Jha, J.

1. Heard counsel for the parties.

2. In both the appeals, which have been heard together, a common question arises for consideration, namely, as to whether the State and its officials are bound to pay up-to-date statutory interest on accumulation of the amount of an employee under General Provident Fund till the date of its actual payment.

L.P.A. No. 1316/2002

3. L.P.A. No. 1316/2002 in fact arises out of an order dated 29.11.2002 in C.W.J.C. No. 10410/2002 whereby and whereunder a direction was issued for payment of statutory interest on the amount of provident fund of the respondent writ petitioner Ram Pavitra Singh, who had retired from service while holding the post of Assistant Teacher on 31.3.1989.

4. It is the case of the appellants State of Bihar and its officials that though the respondent writ petitioner had retired on 31.3.1989 but he had filed his application for withdrawal of the G.P.F. amount only on 31.10.2002 and as such, an authorization for payment of G.P.F. amount was issued on 14.11.2002 alongwith the interest calculated for the period upto 30.9.1989 i.e. for a period of six months from the date of his retirement in terms of Rule 14(






























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