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Patna High CourtCWJC/15393/2016dismissed

Rajendra Das v. The Union Of India And ORS

2017-08-19Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15393 of 2016 ====================================================== Rajendra Das, son of Late Parshuram Das, Resident of Village-Sarsai, P.O.- Dumari, P.S. Sarai, District-Vaishali.

... ... Petitioner/s

Versus

1.

The Union of India.

2.

The Commissioner, Central and Service Tax, Fourth Floor, Revenue Building, Birchand Patel Path, Patna.

3.

The Commission, Officer of the Commissionerate of Custom (preventive), Fifth Floor, Revenue Building, Birchand Patel Patna, Patna. 4.

The Regional Provident Fund Commissioner, Provident Fund Department, Patna.

5.

The Chief Account Officer, Central Excise and Service Tax, Patna 6.

The Deputy Commissioner of Custom, Gaya International Airport, Bodh Gaya, District-Gaya.

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv.

For the Respondent/s :

Mr. Anshay Bahadur Mathur, CGC ======================================================

Patna High Court CWJC No.15393 of 2016 dt.19-08-2017 2/3 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 19-08-2017 Heard the parties.

2. The petitioner had joined as Constable in Central Excise Department, Jamshedpur and he retired as Head Havildar, while posted at International Airport, Body Gaya, Gaya, on 30.06.2013.

3. The present application has been filed seeking direction to the respondents to pay to the petitioner General Provident Fund Amount, which he is entitled to and has not been paid.

4. In my view, remedy of the petitioner lies before the Central Administrative Tribunal, under the Administrative Tribunal Act, 1985, he being retired employee of Central Government and the relief sought is in relation to 'service matter'.

5. This application is, accordingly, dismissed as not maintainable.

6. The petitioner shall have, however, at liberty to take recourse to provisions of law as may be applicable in his case

Patna High Court CWJC No.15393 of 2016 dt.19-08-2017 3/3 including by way of approaching the Central Administrative Tribunal.

(Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 22.08.2017 Transmission Date N/A