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Patna High CourtCWJC/10074/2014disposed

Shankar Kumar Dutta v. The State Of Bihar And ORS

2017-06-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10074 of 2014 =========================================================== Shankar Kumar Dutta son of late Mohini Mohan Dutta, resident of Durga Sthan Colony No.1 ( Opposite - Shipra Singh Nursing Home), Katihar, P.O. & P.S.- Katihar, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna

3. Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Vir Chand Patel Marg, Patna - 800001 through its Managing Director

4. Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Vir Chand Patel Marg, Patna 800001

5. District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Araria, District - Araria

6. District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Katihar, District - Katihar

7. District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Purnea, District - Purnea

8. Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Adampur, Bhagalpur

9. District Provident Fund Officer, Araria, District - Araria .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shanti Pratap, Advocate For the E.P.F.O. : Mr. Prashant Singh, Advocate For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Amit Bhushan, A.C. to G.P.-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 19-06-2017 The petitioner, an employee of the Bihar State Food and Civil Supplies Corporation Limited, who retired on 30th June, 2013 from Araria has filed the present writ petition for a direction upon the respondents for making payment of gratuity, group insurance, leave encashment and employees provident fund.

2. Learned counsel appearing on behalf of the Bihar State

Patna High Court CWJC No.10074 of 2014 dt.19-06-2017 2/2 Food and Civil Supplies Corporation has submitted that all the admissible retiral dues have already been paid to the petitioner. On the contrary, learned counsel for the petitioner submitted that it is true that the petitioner has received certain payments during the pendency of the writ petition, but rupees two lakh two thousand and nine hundred eight is yet to be paid under the head gratuity and certain other payments are also due.

3. Considering the submissions made on behalf of the parties, the writ petition is disposed of with a direction to the petitioner to file a representation raising all his claims before the District Manager, Bihar State Food and Civil Supplies Corporation Limited, Araria within four weeks from today. In case of filing of representation, the Bihar State Food and Civil Supplies Corporation Limited, Araria shall examine the claims of the petitioner and pass a reasoned order dealing with each of his claims within a period of two months. In case any amount is found due to be paid to the petitioner, the same shall be paid within four weeks from the date of passing of the order.

(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21.06.2017 Transmission Date