Randhir Dubey v. Arbind Kumar Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.394 of 2015 In Civil Writ Jurisdiction Case No. 19996 of 2011 ======================================================
1. Randhir Dubey Son of Late Rameshwar Sharma , resident of village and post Alawalpur, Police Station Gouri chak, District- Patna. .... .... Petitioner/s
Versus
1. Arbind Kumar Singh , the Managing Director, Bihar State Food and Civil Supplies Corporation Ltd, Sone Bhawan, Birchand Patel Path, Patna1.
2. Md. Mahir , the Chief of Claim, Bihar State Food and Civil Supplies Corporation Ltd, Sone Bhawan, Birchand Patel Path, Patna-1.
3. Mithlesh Srivastav, the District Manager, Bihar State Food and Civil Supplies Corporation Ltd, Palamu.
4. S.k. Jha , the Regional Provident Fund Commissioner, Bihar ,Patna.
5. The State of Bihar through Secretary, Food and Civil Supplies Namely Hukum Singh Mina , Bihar , Patna.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nagendra Dubey For the Opp-party No. 1 to 3 : Mr. Shailendra Kumar Singh For O.P. No.4 : Mr. Madhav Krishna, ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2017 Mr. Shailendra Kumar Singh, learned counsel appearing on behalf of Opposite parties No. 1 to 3 has informed that the order of this Court has been fully implemented inasmuch as the amounts of leave encashment and gratuity have already sanctioned, with respect to which Cheque issued on 20.02.2017 bearing No. 010582 has been produced before this Court. The said Cheque has been handed over to the learned counsel appearing on behalf of the petitioner.
So far as arrears of salary is concerned, another Cheque dated 21.02.2017 bearing No. 010583 worth Rs. 1, 00791/- has been produced, which has also been handed over to the learned counsel for the petitioner. Cheque bearing No.010584 worth Rs. 10,000/- has been produced against the cost awarded by this Court vide order dated 09.10.2014, passed in CWJC No. 19996 of 2011. The said cheque has also been handed over to the learned counsel for the petitioner. Since the order of this Court has been complied with, in view of the stand taken on behalf of the Opposite parties, I do not think that any case of deliberate disobedience of this Court's order is made out. Learned Counsel for the Opposite parties has, however, submitted that a review application has been filed seeking review of the same order dated 09.10.2014, being Civil Review No. 47 of 2017. He submits that compliance of the order of this Court dated 09.10.2014 may not prejudice the petitioner's case in said Civil Review No. 47 of 2017. It goes without saying.
So far as the petitioner's provident fund amount is concerned, learned Counsel for the Employees Provident Fund Organization ( Opposite party No.4) has submitted that a sum of Rs. 7,61,266/- has been paid to the petitioner on 11.01.2011 itself. There is no direction in the said order for
payment of pension to the petitioner.
Learned Counsel for the Provident Fund Organization has, however, submitted that no application has so far been submitted by the petitioner under in Form 10-D of the Rules.
Be that as it may, nothing remaining to be done in the present which is accordingly disposed.
(Chakradhari Sharan Singh, J) ArunKumar/- U