Rajkeshwar Rai v. The Bihar State Food And Civil Supplies Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8714 of 2022 ====================================================== Rajkeshwar Rai, Son of Late Yugul Rai, Resident of Village- Tilath, P.O.- Deochanda, Via- Piroo, P.S.- Piroo and District- Bhojpur at Ara. ... ... Petitioner/s

Versus

1.

The Bihar State Food and Civil Supplies Corporation Ltd. through its Chief Administrator, Bihar State Food and Civil Supplies Corporation, B-2, First Floor, Maurya Lok, Patna.

2.

The Chief Administrator, Bihar State Food and Civil Supplies Corporation, Head Office, B-2, First Floor, Maurya Lok, Patna. 3.

The Managing Director, Bihar State Food and Civil Supplies Corporation, Head Office, B-2, First Floor, Maurya Lok, Patna. 4.

The Chief Finance Corporation, Bihar State Food and Civil Supplies Corporation, Head Office, B-2, First Floor, Maurya Lok, Patna. 5.

The Bihar State Food and Civil Supplies Corporation Ltd. Kaimur (Bhabua), through its District Manager, Bihar State Food Corporation, Kaimur. 6.

The District Manager, Bihar State Food Corporation, Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammed Abu Haidar, Adv.

For the Respondent/s :

Mr. Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-07-2025 Heard the parties.

2. The petitioner was deputed to discharge the duty as an Assistant Manager, Bihar State Food and Civil Supplies Corporation, Kaimur for the period from 01.02.2014 to October, 2015 and further he had also worked on contractual basis on the aforesaid post, has now approached this Court for the payment of following dues:- "(i) To provide, E.P.F. amounts for the period from 01.02.2014 to October, 2015 as well as gratuity. leave encashment and E.D.F. with interest @ 18% thereon.

(ii) To provide, Difference

Patna High Court CWJC No.8714 of 2022(5) dt.25-07-2025 2/3 salary from August, 2014 to October, 2015 as the fixed pay scale was given at the rate of Rs.21,533/- till July, 2014 but all of sudden, the respondents concerned deducted from Rs.21,699/- to Rs.9,716/- were as as per Memo No.4191 dated 05.05.2017, it was transpired that Rs.1,922/- was to be deducted from last payment of Rs.21,533/- and after that Rs.

19611/- was to be paid to the petitioner but only Rs.9,716/- was paid from August, 2014 to October, 2015 which was less than Rs. 19,611/-without any notice and information to the petitioner evident from the L.P.C. (last pay certificate).

(iii) To provide of 15th month of salary when the petitioner was again appointed on contract basis from November, 2015 to May, 2018, total works of 36th months out of which 16th month's salary was given to petitioner except 15th months salary which is remain due.

(iv) To provide deputation allowance of 10% to the petitioner."

3. A counter affidavit has been filed on behalf of Bihar State Food and Civil Supplies Corporation. It is contended that the claim of the petitioner was duly considered by the District Manager at S.F.C., Kaimur and vide letter as contained in Memo No. 1206 dated 04.11.2022, it has been settled.

4. Learned Advocate for the petitioner contended that the petitioner had worked for the period in question from 01.02.2014 to October, 2015, but the respondent Corporation has rejected the claim of the petitioner for payment of due amount under the E.P.F. as well as gratuity and leave

Patna High Court CWJC No.8714 of 2022(5) dt.25-07-2025 3/3 encashment. The petitioner also submitted that while the petitioner was in deputation, his salary has also been reduced without there being any justifiable reason and the same has not even been answered in the counter affidavit. The petitioner is not satisfied with the manner in which the grievance of the petitioner has been dealtwith.

5. Having gone through the materials available on record and also the order passed by the District Manager, S.F.C., Kaimur in order to give quietus to the litigation, this Court deems it fit and proper to dispose off the writ petition with a liberty to the petitioner that, if he is not satisfied with the settlement and still there is remaining grievance, may approach before the Managing Director of the Corporation preferably within a period of 4 weeks' from today by filing a detailed representation, by raising all the remaining grievances. In case such a representation is filed, the same shall be disposed off preferably within a a period of 8 weeks.

(Harish Kumar, J) supratim/- U