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Patna High CourtCWJC/18635/2019disposed

Vijay Kumar Pandey v. The State Of Bihar

2019-09-09The Chief Justice-3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18635 of 2019 ====================================================== Vijay Kumar Pandey, Male, aged about 44 years, Son of late Kishori Prasad@ Suresh Pandey, Resident of Basawan Path, Behind Delite Cinema, Station Road, Dalmia Nagar, P.S. Dalmia Nagar, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Co-Operative Department, Government of Bihar, Patna.

3.

The Registrar, Co-operative Societies, Bihar, Patna. 4.

District Co-operative Officer, Aurangabad.

5.

Assistant Registrar, Co-Operative Societies, Aurangabad Anchal, Aurangabad.

6.

Divisional Joint Registrar, Co-operative Societies, Magadh Division, Gaya. 7.

Treasury Officer, Rohtas at Sasaram.

8.

Accountant General of Bihar, Birchand Patel Path, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

Shri P.K. Verma, AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-09-2019 Learned counsel for the petitioner is not present probably the matter being listed in the provisional list today which has been taken up by this Court.

However, after going through the pleadings and after having heard Shri P.K. Verma, learned Additional Advocate General, I find that the petitioner had earlier come up with regard to the payment of the dues of his father late Kishori Prasad in C.W.J.C. No. 3119 of 2016. The order passed on 29th

Patna High Court CWJC No.18635 of 2019 dt.09-09-2019 2/3 November, 2017 is extracted hereinunder:

"Heard Mr. Shanti Pratap, learned counsel for the petitioner; Mr. Kaushal Kumar Jha, learned AAG-8 for the State and Mr. Binod Kumar Labh, learned counsel for the Accountant General.

2. In view of the counter affidavit filed on behalf of respondent no. 2, the Court is satisfied that the grievance of the petitioner which mainly relates to G.P.F. has been redressed. Further, the prayer for other post retiral dues, therefore is no dispute that any post retiral dues remain unpaid. This is the admitted position at the Bar.

3. At this stage, learned counsel for the petitioner submitted that there may be other benefits of which the petitioner was not earlier aware for which liberty be given to him to raise it before the appropriate forum, in accordance with law.

4. In view thereof, the writ petition stands disposed off with liberty aforesaid."

The petitioner submits that thereafter the request was made to the Registrar, Co-operative Societies and the said claim has been forwarded for being examined, but till date no appropriate action could be taken up due to relevant information having not been tendered by the Magadh Division.

Patna High Court CWJC No.18635 of 2019 dt.09-09-2019 3/3 This writ petition is therefore disposed of with a direction to the Respondent No. 3 to collect all such information that may be required and then proceed to dispose of the matter as expeditiously as possible in accordance with law preferably within three months from the date of presentation of a certified copy of this order.

(Amreshwar Pratap Sahi, CJ) P.K.P./- AFR/NAFR CAV DATE Uploading Date 09.09.2019 Transmission Date