Samiya Devi v. The Food Corporation Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4967 of 2016 ====================================================== Samiya Devi, Wife of Shiv Prasad Rai, Resident of Village- Purani Panapur, P.O.- Old Panapur, P.S.- Akilpur, District- Patna at present residing at Daldali Ghat (Chaudhrana), P.S.- Danapur, District- Patna. .... .... Petitioner/s
Versus
1. The Food Corporation of India through its Regional Manager, Bihar, Patna.
2. The Superintendent of Phulwari Sharif, Godown Food Corporation of India, Phulwari Sharif, P.S.- Danapur, District- Patna.
3. The Manager, Food Corporation of India, Food Storage Depot, Digha Ghat, Patna- 11.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukul Prasad, Adv. For the Respondent/s : Mr. Shashi Dhar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-09-2016 Heard the parties.
In view of the nature of the grievances/claims raised on behalf of the petitioner in the present writ petition with respect to the payment of retiral benefits to her, this Court is of the opinion that, instead of keeping the matter pending any longer asking the respondents to file their counter affidavit, the interest of justice shall be sub-served, if the petitioner is granted liberty to file a fresh comprehensive representation with all supporting documents before the Regional Manager, Food Corporation of India, Bihar Region, Patna, raising all the pleas, which have been raised in the present writ petition. It is ordered accordingly. If such a fresh comprehensive representation is filed by the petitioner within a period of one month from today with a certified copy of the present order, then the Regional Manager, Food Corporation of India, Bihar Region, Patna shall be obliged to
Patna High Court CWJC No.4967 of 2016 (2) dt.09-09-2016 consider and decide the claims raised on behalf of the petitioner strictly in accordance with law by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, besides others, if any, at an early date, preferably within a period of three months from the date of filing of such comprehensive representation by the petitioner.
If on consideration of the materials, the Regional Manager, Food Corporation of India, Bihar Region, Patna comes to a conclusion that the claims raised on behalf of the petitioner are admissible to her, then the consequential orders shall also be issued for grant of such admissible claims without any unnecessary further delay.
It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner in the present writ petition and the same is left to be decided by the competent authority strictly in accordance with law.
The writ petition stands finally disposed of with the observations and directions made above.
(Birendra Prasad Verma, J) Arvind/- U