Arun Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.190 of 2018 In Civil Writ Jurisdiction Case No.11927 of 2012 ====================================================== Arun Kumar Jha Son of late Yogendra Nath Jha, Resident of Mohalla- Lohia Nagar, P.S. Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Fod And Civil Supply Corporation Limited Through Its Chairman Cum Managing Director Sone Bhawan 5th Floor Birchand Patel Path, Patna-1 2.

The Managing Director, Bihar State Food and Civil Supply Corporation Limited, Sone Bhawan, 5th Floor Birchand Patel Path, Patna-1 3.

The Regional Provident Fund Commissioner, Employees Provident Fund Organization, Patna.

4.

The Assistant Commissioner, Employees Provident Fund Organization, Muzaffarpur.

5.

The Accounts Officer, Sub Regional Office, Employess Provident Fund Organization, Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Gajendra Kumar Jha, Adv.

Mr.Sushil Kumar Jha, Adv.

For the BSFC :

Mr.Shailendra Kumar Singh, Adv.

For Respondents No. 3 to 5 Mr. J. P. Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-04-2025 Heard Mr. Gajendra Kumar Jha, learned counsel for the petitioner duly assisted by Mr. Sushil Kumar Jha, Mr. Shailendra Kumar Singh representing the Bihar State Food and Civil Supply Corporation Limited besides Mr. Jai Prakash Verma for Respondents No. 3 to 5.

2. The petition has been filed for:- "for review of the order passed in C.W.J.C. No. 11927/2012 to the extent of

Patna High Court C. REV. No.190 of 2018(5) dt.17-04-2025 2/3 consideration of the case of the petitioner to the extent of payment of the salary against the post of District Manager which the petitioner has been holding since 1997 vide office order dated 14.02.97 (Annexure-1) of the connection writ application till his superannuation."

3. The Writ Court actually passed an order in favour of the petitioner with a direction to the respondents no.1 to make payment of gratuity in accordance with the amended upper ceiling of Rs. 3,50,000/- and any payment required to be made pursuant to such recalculation be made to the petitioner within four weeks.

4. It seems that the petitioner had some afterthought which led him to file Letters Patent Appeal No. 877 of 2016 which came to be disposed of on 25.04.2018 (Annexure-2 to the petition) without making any comment on the order of the Writ Court but allowing him to file appropriate petition. Accordingly, the present review petition.

5. Learned counsel for the petitioner submits that though the payments have been made, he could not get the payscale of the higher post which ought to have been considered both by the respondents as also by the Writ Court.

6. Mr. Shailendra Kumar Singh representing the

Patna High Court C. REV. No.190 of 2018(5) dt.17-04-2025 3/3 respondents, on the other hand, opposes and submits that the Writ Court passed an order based on the prayer made by the petitioner. If still has any grievance, that could have been represented so that a proper decision could be taken. Instead, the review petition.

7. The Court is in full conformity with the submissions put forward by Mr. Shailendra Kumar Singh, learned counsel representing the Bihar State Food and Civil Supply Corporation Limited.

8. Mr. Jha, learned counsel for the petitioner, in this background, submits that the petitioner shall be filing a proper representation before the appropriate authority, the Managing Director, Bihar State Food and Civil Supply Corporation Limited/the Respondent No.1.

9. Granting such liberty and if the same is filed within four weeks from today, the concerned respondents shall be taking up the matter and dispose it of by a reasoned order, the review petition stands disposed of.

(Rajiv Roy, J) perwez U