Patna High CourtMJC/6195/2012dismissed

Ram Dayal Sah v. The State Of Bihar And ORS

2017-03-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.6195 of 2012 =========================================================== Ram Dayal Sah, S/o Late Phauzdar Sah, Resident of Village- Ratwara, P.SBajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Industrial Department, Bihar, Patna.

2. Mr. Md. Musible Ansari, The Chairman, Nalanda District Khadi Gramudyog Sangh, Nalanda, Biharsharif.

3. Mr. Manoj Pandey, the Secretary Nalanda District Khadhi Gramudyog Sangh, Nalanda at Biharsharif.

4. Mr. Chandra Mauli Chakraborty, the Commissioner, Employees Provident Fund, Pant Bhawan, Bailey Road, Patna.

5. Mr. J.D.S. Dhariwal, The Accountant General Bihar Birchand Patel Marge, Patna.

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

For the Petitioner : Mr. Devendra Kumar, Advocate For the EPFO : Mr. Prashant Sinha, Advocate For the State : Mr. Manish Dhari Singh, A.C. to PAAG-1 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 16-03-2017 The order passed in the writ petition was to the effect that the undisputed amount payable to the petitioner on superannuation should be paid.

The amount in question which was undisputed has already been paid.

The petitioner by filing rejoinder and supplementary affidavit has brought on record various claims. However, these claims have not been adjudicated and without adjudication of these claims no further direction for payment can be issued in this contempt

Patna High Court MJC No.6195 of 2012 dt.16-03-2017 2/2 proceeding.

Accordingly, considering the fact that the undisputed amount has already been paid, no case is made out for proceeding further in the matter. Liberty is available to the petitioner to claim the disputed amount by raising a claim initially with the department and thereafter before an appropriate forum in accordance with law. The Contempt Application stands disposed of.

(Rajendra Menon, CJ) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 17.03.2017 Transmission Date