Jai Prakash v. Food Corporation Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14302 of 2019 ====================================================== Jai Prakash age - 56 years, Male, Son of Mahadeo Singh Resident of VillageAnandpur, P.S.-Bihta, Distt-Patna ... ... Petitioner/s

Versus

1.

Food Corporation of India through Chairman cum Managing Director, 16-20 Barakhambha Lane, New Delhi 2.

Executive Director (East Zone) Food Corporation of India 10-A Middleton Row, Kolkata-71 3.

General Manager (Region) Food Corporation of India, Regional Office, Arunachal Building, Patna 4.

Area Manager Food Corporation of India, Parmanand Niketan, Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Respondent/s :

Mr.Prabhakar Tekriwal ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-10-2022 Heard learned counsel for the respective parties through virtual court proceedings.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this application is being filed for issuance of writ specially in the nature of Mandamus directing to the respondents concern to deduct the contribution amount from the salary of the petitioner from the date of starting of payment of salary i.e.

Patna High Court CWJC No.14302 of 2019 dt.14-10-2022 2/3 17.09.1996 to the petitioner as well as contribution of FCI and the contribution amount of the petitioner along with contribution of FCI should be deposited in PF Account with interest.

For further issuance of Mandamus directing to the respondents to deposit the contribution amount of the petitioner, which has already been deducted but no deposited in his PF Account.

For further issuance of any other writ/writs, order/orders for which the petitioner is legally entitle."

3. Respondent No. 4 has filed counter affidavit enclosing Annexures - R1 to R4. Perusal of paragraph Nos. 13 to 16, it is crystal clear that grievance of the petitioner is stated to have been redressed. On the other hand, perusal of rejoinder affidavit, the petitioner has not countered paragraph Nos. 13 to 16, therefore, this Court has to draw inference that grievance of the petitioner is redressed by the concerned respondent in the light of paragraph Nos. 13 to 16.

4. If the petitioner has any other grievance, in that event, he is hereby directed to approach 4th respondent and if the 4th respondent fails to redressed the grievance of the petitioner, in that event liberty is given to the petitioner to file afresh writ petition.

5. Accordingly, writ petition stand disposed off.

Patna High Court CWJC No.14302 of 2019 dt.14-10-2022 3/3

6. At the stage, learned counsel for the petitioner submitted that employer has not deposited the amount. If it is so, the employer is hereby directed to deposit necessary amount in C.P.F. Account within a period of three months from the date of receipt of this order, if deposit is not made as on this day. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 18.10.2022 Transmission Date