Shiw Murat Sahu v. The Bihar State Housing Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11314 of 2023 ====================================================== Shiw Murat Sahu S/o Late Bishwanath sahu Resident of Bhootnath Road, 35 4M/183, B.H. Colony, P.S. Agam Kuan, District-Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Housing Board through the Managing Director, having his Office at 6 Mangles Road, P.S. Sachivala, District-Patna. 2.

The Secretary, Bihar State Housing Board Having his Office at 6 Mangles Road, P.S. Sachivala, District-Patna.

3.

The Divisional Manager, Life Insurance Corporation of India Having his Officer at Frazer Road, P.S. Kotwali, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikas Mohan, Advocate For the LIC :

Dr.Ratan Kumar, Advocate For the BSHB :

Mr.Pawan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 15-09-2023 Heard Mr. Vikas Mohan, learned counsel appearing on behalf of the petitioner; Dr. Ratan Kumar, learned counsel for the LIC and Mr. Pawan Kumar, learned counsel for the Bihar State Housing Board.

2. Learned counsel appearing on behalf of the petitioner submits that the case of the petitioner is identical to the case of other employees of Bihar State Housing Board who have been paid the enhanced gratuity, however, the petitioner has been denied the same.

3. Learned counsel for the petitioner further submits that he has received instruction that the petitioner seeks to file a detail representation before the Managing Director, Bihar State Housing

Patna High Court CWJC No.11314 of 2023 dt.15-09-2023 2/2 Board for redressal of his grievance as prayed for in the present writ petition.

4. Considering the specific submissions made on behalf of the petitioner, the Managing Director, Bihar State Housing Board is directed to examine the case of the petitioner and identify all those employees who are similarly situated to the petitioner and have been paid enhanced gratuity in accordance with the scheme or regulation/rules, the petitioner must also be paid the entire amount of gratuity at the enhanced rate within a period of four weeks from the date of communication of this order.

5. The Managing Director, Bihar State Housing Board is also required to consider the case of the petitioner in the light of order dated 13.01.2021 passed in CWJC No.11188 of 2018.

6. In case of failure, the petitioner is at liberty to take legal action against the Managing Director, Bihar State Housing Board in accordance with law.

7. With the above observation/direction, the present writ petition is disposed of.

(Purnendu Singh, J) chn/- AFR/NAFR CAV DATE Uploading Date 17.09.2023 Transmission Date