Chhote Prasad Karn v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6397 of 2014 ====================================================== Chhote Prasad Karn, Son Of Late Baldeo Lal, Resident Of Village- Pakri, P.O.- Janardanpur, P.S.- Kalyanpur, District- Samastipur At Present Residing At Main Road, Mirjapur Nohta, P.O. and P.S.- Fatuha, District Patna. ... ... Petitioner

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Department Of Cooperative, Government Of Bihar, Vikas Bhawan, New Secretariat, Patna 3.

The Registrar Cooperative Societies, Department Of Cooperative, Government Of Bihar, Vikas Bhawan, New Secretariat, Bihar, Patna 4.

The Joint-Registrar, Cooperatives Societies, Department Of Cooperative, Patna Division, Patna Cum-L Fatuha- Phulwarisarif Gramya Vidyut Sahakari Samiti Limited, Patna 5.

The Commissioner, Regional Employees Provident, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ugranath Mallik, Advocate For the Respondent No.5:

Mr. Jai Prakash Verma, Advocate For the Respondent/s :

Mr. Hitesh Suman, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 11-07-2023 Heard Mr. Ugranath Mallik, learned counsel appearing on behalf of petitioner; Mr. Jai Prakash Verma, learned counsel appearing on behalf of respondent No.5 and Mr. Hitesh Suman, learned AC to SC-13 for the State.

2. In the present writ petition the petitioner has prayed for following relief:

"(i) Whether the respondents are justified in not paying the pensionary dues of the petitioner though they are fully aware that every employee is entitle for their pensionary dues?

Patna High Court CWJC No.6397 of 2014 dt.11-07-2023 2/3 (ii) Whether the respondents are justified in not releasing the Provident Fund of the petitioner though the petitioner retired on 28.02.2013.

(iii) Whether the petitioner can be allowed to face starvation due to inaction on the part of the respondents?

(iv) Whether the act of the Respondents in not releasing the pensionary dues of the petitioner is not an arbitrary act?"

3. Learned counsel appearing on behalf of petitioner informs this Court that petitioner had superannuated on 28.02.2013 from the post of Meter Reader, while he was working in Fatuha-Phulwrisharif Gramya Viduyt Sahakari Samittee Limited, Patna, which was registered under the Society Registration Act. He further submits that the license of the society was, later on, cancelled on 06.11.1999. The petitioner seeks to file detailed representation before the Registrar, Cooperative Societies, Department of Cooperative, Government of Bihar, Patna (Respondent No.3).

4. In view of the above submission, the petitioner, if so advised, may file a detailed representation before the respondent no.3, who is required to verify the records relating to the petitioner from the concerned Cooperative Society, where the petitioner was employed and take a final decision with respect to the claim, as has been made in the present writ petition as well as in any representation, which is made before

Patna High Court CWJC No.6397 of 2014 dt.11-07-2023 3/3 him by the petitioner or on his behalf within a period of six weeks.

5. With the above observations and directions, the present writ petition stands disposed of.

(Purnendu Singh, J) manish/minu AFR/NAFR CAV DATE Uploading Date Transmission Date