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Patna High CourtCWJC/16359/2011disposed

Paras Nath Rai v. The State Of Bihar And ORS

2015-10-15Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16359 of 2011 =========================================================== Paras Nath Rai S/O Late Jamuna Rai R/O Village - Padrauna Madurahi, P.O. - Tudahi, Distt. - Kushi Nagar, U.P.

.... .... Petitioner/s

Versus

1. The State Of Bihar through The Secretary, Finance Department Government Of Bihar, Patna

2. The Joint Secretary, Finance Department Government Of Bihar, Secretariat, Patna

3. The Superintendent, Secretariat Press, Gulzarbagh, Patna

4. The Section Officer, Government Press, Gulzarbagh, Patna

5. The Director, Provident Fund Directorate, Patna

6. The District Provident Fund Officer, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-10-2015 Heard learned counsel for the parties.

The petitioner seeks death-cum-retiral benefits due to his late uncle Kalika Rai, who died in harness on 28.06.1984, while working as Metal Veltor in Government Press, Gulzarbagh, Patna.

Patna High Court CWJC No.16359 of 2011 dt.15-10-2015 2/2 Learned counsel for the State raises a preliminary objection and submits that the claim is stale as the cause of action is of the year 1984 and further the nephew has moved the Court for benefits.

Learned counsel for the petitioner submits that there has been some correspondence with the authorities and part payment has also been made.

Be that as it may, the Court, due to the fact that the writ application has been filed after 27 years of the cause of action and that too by the nephew of the deceased employee, is not inclined to interfere in the matter. Accordingly, the writ petition stands disposed off.

However, the petitioner shall be at liberty to pursue the matter with the authorities concerned.

(Ahsanuddin Amanullah, J) Anjani/- U