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2025 DAILYLAW 48307 (ALL)

ANAND BABU OJHA v. STATE OF U.P. AND 4 OTHERS

WRIA/5434/2025 · 2025-05-12

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78134 Court No. - 5 Case :- WRIT - A No. - 5434 of 2025 Petitioner :- Anand Babu Ojha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Kumar Srivastava Counsel for Respondent :- Abhinav Ojha,C.S.C.,Jagdish Pathak,Sachin Mishra Hon'ble Ajay Bhanot,J. Shri Sachin Mishra, learned counsel appears for the respondent No.2. Shri Manas Bhargav, learned counsel appears for the respondent No.5. Personal affidavit filed by Shri Sachin Mishra, learned counsel on behalf of the respondent No.2 is taken in the record. The affidavit filed on behalf of the respondent No.2 records that The petitioner was an employee of Uttar Pradesh Yarn Company Limited. He was sent on deputation to the State Urban Development Agency. He was initially posted at District Urban Development Agency, district Auraiya and subsequently transferred to District Urban Development Agency, district-Etawah. The lending department, namely, Uttar Pradesh Yarn Company Limited was wound up in the course of time. During the period of his deputation, the petitioner sent a communication to the respondent No.4 to deduct the provident fund (PF) and dues and deposit the same in the office account till further instructions are obtained from the parent department of the petitioner. Accordingly, the PF amount which has been deducted by the DUDA Auraiya and Etawah as Rs.34,888/- and Rs.6,456/- respectively and was deposited in the personal bank account of the petitioner. It is noteworthy that no instructions were forthcoming from the parent department of the petitioner. The receipt of the aforesaid amounts and the contribution thereof is not disputed by the petitioner. The said amounts towards provident fund have been paid to the petitioner. It is noteworthy that the lending department, namely, Uttar Pradesh State Yarn Company Limited has been wound up and the deputation of the period of the petitioner in DUDA, Etawah has also been come to an end. In these facts, no further relief can be granted. It is noteworthy that the responsibility of the EPF dues was upon the Uttar Pradesh State Yarn Company Limited who failed to timely send proper instructions to the borrowing department. The claim for interest is liable to be agitated before the competent authority/official liquidator of the Uttar Pradesh State Yarn Company Limited. It needs to be noticed that the status of the Uttar Pradesh State Yarn Company Limited has not been disclosed in the writ petition. It is open to the petitioner to approach the competent authority/official liquidator/successor in interest of the Uttar Pradesh State Yarn Company Limited for the interest or shortfall in the amount. The writ petition is accordingly disposed of. Order Date :- 13.5.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad