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Patna High CourtCWJC/8124/2022disposed

Gauri Shankar Prasad Verma v. Employees Provident Fund Organization

2024-01-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8124 of 2022 ====================================================== Gauri Shankar Prasad Verma Son of Late Daroga Prasad Shrivastava, Resident of Village- Bairiya, Kolhua Paigamberpur, Gandhi Nagar Road No.- 3, P.S.- Abhiyapur, District - Muzaffarpur (Bihar). ... ... Petitioner/s

Versus

1.

Employees Provident Fund Organization Regional Office, Surya Complex, Laxmi Chowk, Muzaffarpur (Bihar) through the Regional Provident Fund Commissioner-II, SRO, Muzaffarpur (Bihar).

2.

Additional Central Provident Fund Commissioner, Bihar, Employees Provident Fund Organization, Regional Office, R Block, Road No. 6, Patna - 1.

3.

The Regional Provident Fund Commissioner-II, SRO, Muzaffarpur (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Giri, Adv.

For the Respondent/s :

Mr.Prashant Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2024 On a preliminary objection having been taken on behalf of the respondents on the strength of the Gazette notification dated 02.05.1986, pointing out that the remedy of the petitioner, if any, would lie before the Central Administrative Tribunal (hereinafter referred to as "the Tribunal"), the learned counsel for the petitioner seeks permission to withdraw this petition with liberty to file a fresh petition in accordance with law before the Tribunal at Patna. 2.

Permission is granted.

3.

This petition is, therefore, disposed off as withdrawn but with liberty to the petitioner to avail his remedy in

Patna High Court CWJC No.8124 of 2022(2) dt.09-01-2024 2/2 accordance with the law before the Tribunal, Patna. 4.

If any such application is filed within a period of 30 days from today, the same will be considered by the Tribunal. 5.

The question of limitation, if any, will be considered keeping in view that the petitioner was pursuing his remedy before this Court under some bonafide beliefs. (Mohit Kumar Shah, J) Ajay/- U