Bhagirath Urawn v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3027 of 2018 ====================================================== Bhagirath Urawn son of Late Bisundhari Urawn, resident of Village- Madia, P.S.- Navhatta, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Old Secretar 3.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd, Khadya Bhawan, R. Block 4.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd, Rohtas Sasaram.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Respondent/s :

Mr.S.Raza Ahmad -AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-06-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the Bihar State Food and Civil Supplies Corporation. This writ petition has been filed asking for the following reliefs:-

1. That the petitioner craves indulgence of the Hon'ble court for issuance of direction/orders or writ in nature of:- (i) A mandamus commanding direction to the respondent authorities to pay the retirement benefit (Gratuity, L.I.C, Leave encashment, G.P.F. Pension)

Patna High Court CWJC No.3027 of 2018(5) dt.01-06-2020 2/3 and arrears of salary of the petitioner while the petitioner has retired from his service on 31.03.2017 on the post of night guard (fourth grade) from the office of District Manager, The State Food Corporation, Rohtas (Sasaram).

(ii) For the issuance of any other writ, writs, order, orders to which the petitioner may be found entitled to.

Counter affidavit has been filed at the end of Respondent No. 4 and after going through the same, it is evident that other claims have already been paid to the petitioner, though, after filing of the instant writ petition and to justify the same, Annexures-A, B and C have been filed. It is further evident from para-8 of the counter affidavit that there happens to be slackness at the end of petitioner in claiming the EPF, as he has failed to claim the same uptil now.

That being so, petitioner is directed to have his claim regarding EPF properly placed before the authorities concern, who, on being claimed, would decide the matter within three months. In likewise manner, if there happens to be any grievance at the end of petitioner with regard to calculation having under Annexures-A, B and C, then in that event, will be

Patna High Court CWJC No.3027 of 2018(5) dt.01-06-2020 3/3 at liberty to approach the authorities concern with a definite, cogent grounds.

In terms thereof, instant writ petition stands disposed of.

(Aditya Kumar Trivedi, J) perwez U