Birendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9715 of 2019 ====================================================== Birendra Prasad Son of Late Kailash Prasad Resident of Village- Betanna, P.S. Patahi, District- East Champaran, Bihar At present residing at R/5/4 Old Housing Colony, Adityapur- 1 P.S.- Adityapur-1, District- Saraikela Khargawa (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Dept. of Building Construction and Housing, Govt. of Bihar, Patna. 2.

Commissioner, Housing Department, Vishesaraiya Bhawan, Patna. 3.

The Managing Director, Housing Board, 6 Mangles Road, Patna. 4.

The Executive Engineer, Division- 1, Bihar State Housing Board, Hanuman Nagar, Patrakar Nagar, Patna.

5.

Finance Commission and Secretary, Government of Bihar, Patna. 6.

Executive Engineer, Housing Board, Adtiyapur- 1, Jamshedpur, Saraikella, Kharsawa, Jharkhand.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Respondent/s :

Mr.Uday Shankar Sharan Singh (Gp19) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-10-2020 Heard learned counsel for the petitioner and the State.

The petitioner has filed the present writ application for manifold reliefs including the relief in the nature of direction to the respondents to regularize the services of the petitioner on completion of 5 years of service in the department. Learned counsel appearing on behalf of the petitioner would submit that the petitioner has superannuated on attaining the age of retirement on 31.3.2003. He has filed the present writ

Patna High Court CWJC No.9715 of 2019(5) dt.15-10-2020 2/3 application in 2019 i.e. after 16 years.

In the above view of the matter, the Court is not in a position to grant any relief to the petitioner so far as regularization and other benefits are concerned. It is submitted that on behalf of the petitioner that on 21.07.2008 the Executive Engineer, Jharkhand State Housing Board, Jamshedpur sent chart of provident fund since May, 1975 to October, 1979 and letter dated 17.10.2008 was sent to Manager, United Commercial Bank, Fraser Road, Patna. Learned counsel for the petitioner submits that the admitted amount in terms of letter of the Executive Engineer, Jharkhand State Housing Board has not been paid to the petitioner.

However, neither the Bank nor the Executive Engineer are parties to this writ petition, liberty is granted to the petitioner to approach the concerned officials of the Jharkhand State as well as the United Commercial Bank, Fraser Road, Patna in connection with payment of provident fund amount, if any, released in favour of the petitioner by the Executive Engineer, Jharkhand State Housing Board. In the event it is admitted by the authorities that the claim of the petitioner as to Rs. 77,141/- is genuine, the same shall be paid to the petitioner

Patna High Court CWJC No.9715 of 2019(5) dt.15-10-2020 3/3 after proper identification within a period of one month from the filing of the representation along with a copy of this order. So far as the other reliefs are concerned, the petitioner may approach the appropriate authority for redressal of such grievance in appropriate proceeding which cannot be adjudicated in the present proceeding.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U