Madan Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6959 of 2016 ====================================================== Madan Prasad Sah son of Late Karu Sah, resident of Mohalla Vidya Nagar, North Side Tank, Ward No.4, P.S.Bettiah Town, District West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Directorate of Provident Fund, Govt. of Bihar, Patna

2. The District Magistrate, Bettiah, District West Champaran

3. The District Provident Fund Officer, West Champaran at Bettiah

4. The Assistant Registrar, Co-operative Societies, Bettiah Circle, District Bettiah

5. The District Co-operative Officer, West Champaran at Bettiah .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Dhanendra Chaubey, Advocate Mr. Milind Kumar Mishra, Advocate Mr. Ashok Kumar Gupta, Advocate For the Respondent/s : Mr. Anwar Karim, AC to GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-09-2016 Heard the parties.

2. In view of the nature of grievances/claims raised on behalf of the petitioner, fully enumerated in paragraph 1 as also paragraph 7 of the writ petition and also in view of the averments made in the counter affidavit filed on behalf of the respondent nos. 2 and 3, this Court is of the opinion that final decision must be taken by the respondent no.3 about entitlement of payment of GPF amount with interest within a reasonable period of time and lawful claims should not be denied to the petitioner for indefinite period.

3. In that view of the matter, the petitioner is granted liberty to file a fresh comprehensive representation before the respondent no.3, District Provident Fund Officer, West Champaran at Bettiah, with all supporting documents and raising all the pleas, which have been raised in the present writ petition.

4. If such a comprehensive representation is filed on

Patna High Court CWJC No.6959 of 2016 (2) dt.22-09-2016 2/2 behalf of the petitioner within a period of two weeks from today with a certified copy of the present order, then the respondent no.3 either himself or any other competent authority of the respondent State, as per his endorsement, shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order, after giving an opportunity of hearing to the petitioner, at an early date preferably within a period of three months from the date of filing of such representation.

5. If on consideration of the materials, the competent authority comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then consequential orders shall also be issued for grant of such claims, without any unnecessary further delay.

6. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioner and this is left to be decided by the competent authority strictly in accordance with law.

7. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Tahir/- U