Phul Kumari Devi v. Bihar State Scheduled Caste Co-Operative Development Corporation,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15736 of 2022 ====================================================== Phul Kumari Devi wife of Late Shubh Nath Paswan, Resident of Village and P.O.- Prahladpur, P.S.- Musahri, District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

1.

Bihar State Scheduled Caste Co-operative Development Corporation, Ltd., Officers Hostel, Block 1, Bailey Road, Patna-1 through its Managing Director.

2.

The Managing Director, Bihar State Scheduled Caste Co-operative Development Corporation, Ltd., Officers Hostel, Block 1, Bailey Road, Patna-1.

3.

The Secretary, Bihar State Scheduled Caste Co-operative Development Corporation, Ltd., Officers Hostel, Block 1, Bailey Road, Patna-1. 4.

The Dist. Executive Officer, Bihar State Scheduled Caste Co-operative Development Corporation, Chapra District- Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Narayan Rai, Adv.

For the BSSCCD :

Mr. Ranjeet Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 23-01-2024 Heard Mr. Amrendra Narayan Rai, learned counsel appearing on behalf of the petitioner and Mr. Ranjeet Kumar Pandey, learned counsel for the Bihar State Scheduled Caste Cooperative Development Corporation.

2. The petitioner claiming herself to be widow of late Shubh Nath Paswan, who superannuated on 31.12.2011 from the Corporation and subsequently died on 29.11.2019, has filed the writ petition seeking a direction upon the respondents Corporation to ensure payment of arrears of 6th Pay Revision as well as arrears of difference of gratuity, leave encashment as

Patna High Court CWJC No.15736 of 2022 dt.23-01-2024 2/2 well as benefits of 2nd ACP.

3. A counter affidavit has been filed on behalf of the Corporation with categorical assertion that the petitioner has already been accorded all the admissible due benefits, including arrears of salary on account of 5th and 6th Pay Revision, the total amounting to Rs.1,07,257/-. Further submission has been made that since the husband of the petitioner was not entitled for the benefit of 2nd ACP and as such the same could not be ensured. Referring to the averments made in the counter affidavit, he thus submitted that now all the admissible dues have been accorded to the petitioner.

4. Considering the submissions advanced on behalf of learned counsel for the parties, the present writ petition stands disposed of.

5. Needless to observe that if the petitioner has still any grievance, she has remedy before the Registrar, Cooperative Societies under Section 48 of the Bihar Co-operative Societies Act, 1935.

(Harish Kumar, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 23.01.2024 Transmission Date