Supriya Kumari v. Bihar Education Project Council

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10919 of 2025 ====================================================== Supriya Kumari W/o Late Lalit Kumar, R/o Ward- 06, Post- Rahta, Police Station Kumarkhand, District Madhepura, Bihar- 852122. ... ... Petitioner/s

Versus

1.

Bihar Education Project Council Shiksha Bhawan, Rastrabhasa Parishad, Saidpur, Rajendra Nagar, Patna- 800004 through its State Project Director. 2.

The State Project Director, Bihar Education Project Council, Shiksha Bhawan, Rastrabhasa Parishad, Saidpur, Patna. 3.

The District Programme Officer, Bihar Education Project Saharsa, Bihar. 4.

Administrative Officer, Bihar Education Project Council, Shiksha Bhawan, Rastrabhasa Parishad, Saidpur, Patna.

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

For the Petitioner/s :

Mr. Dhananjay Kumar For the B.E.P.C :

Mr. Girijish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned counsel for the Bihar Education Project Council, Patna.

2. The petitioner has filed the instant writ petition for following reliefs:- "a.) To issue an appropriate writ in the nature of mandamus commanding the respondents to grant the benefits of Gratuity, Earned leaves, Employee provident Fund (EPF), Pension to the petitioner as per rules of Bihar Education Project Service Regulation, 2010 and Section 4(1) of the Payment of Gratuity Act, 1972, in respect of her deceased husband,

2/4 Late Lalit Kumar, who was working as Junior Engineer with Bihar Education Project, Saharsa.

b. Pass any other or further order as this Hon'ble Court may deem fit and proper in the interest of justice."

3. Learned counsel for the petitioner submits that petitioner's husband Late Lalit Kumar was admittedly an employee of a Society registered under the Societies Registration Act, 1860. He further submits that the petitioner's husband had worked more than 10 years in the said organization and according to Rule of Bihar Education Project Service Regulation, 1994, petitioner is entitled to gratuity, Earned Leaves, Employee Provident Fund (E.P.F.), and pension as per the policy framed by the respondents.

4. It has next been submitted that petitioner filed representation before the authority for consideration of her grievances with respect to payment of gratuity, Earned Leaves, Employee Provident Fund (E.P.F.) and pension under the policy, which is said to have been framed by the respondents being Bihar Education Project Service Regulation Act amended from time to time, which covers the case of the petitioner and pursuant to the direction issued by the Coordinate Bench, the

3/4 authorities have complied the same by granting the such benefit as prayed in the relief portion, which was sought by the petitioner and accordingly prays that her case be also considered in the similar terms.

5. Learned counsel for the respondents has no objection with regard to consideration in terms of the policy decision framed by the respondents in similar terms, in which the Coordinate Bench of this Hon'ble Court has given indulgence by directing the authorities to consider the representation in accordance with law. It has further been submitted by the learned counsel for the respondents that some of the petitioners have resigned, which is apparent from the representation filed by the petitioner.

6. It has next been submitted that if the entitlement of the petitioners are found to fall within the parameters framed under the policy, the same shall be considered in accordance with law.

7. Considering the aforesaid, the respondents are directed to consider the representation, which is said to have been submitted by the petitioner within a period of two months from the date of production of a copy of this order.

8. It will be open for the respondents to ask relevant

4/4 documents and the petitioner may be obliged to apprise them with supportive documents for adjudication of the relief sought for by them. Needless to say that the petitioner will fully cooperate with them in passing the reasoned order.

9. Accordingly, the instant writ petition is disposed of. (Ajit Kumar, J) pravinkumar/- U