Sudarshan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19131 of 2015 =========================================================== Sudarshan Prasad Singh, S/o Late Shri Suresh Singh, resident of village - Deo Nagar Gaurayasthan, P.S. Maner, District - Patna .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Food and Civil Supplies Department, Government of Bihar, Patna

2. The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, Sone Bhawan, 5th Floor, Bir Chand Patel Path, Patna

3. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Patna

4. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Saket Tiwary, Advocate For State : Mr. Amit Kr. Anand, AC to GP 15 For the Respondents 2 to 4 : Mr. A.N. Rai, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 11-05-2016 Heard parties.

Petitioner claims to have retired from the services of Bihar State Food and Civil Supplies Corporation Ltd. on 28.02.2006. It is contended on behalf of the petitioner that his post retrial dues including pension have not been paid which, according to the petitioner, was introduced on 26.11.1995. The petitioner was made to retire on the date when he attained the age of 58 years but subsequently vide order as contained in Annexure-1, on the basis of a decision passed by this Court in C.W.J.C. no. 8568 of 2009, the benefits were directed to be given to the petitioner considering his age

of retirement as 60 years subject to the result of S.L.P. (C) no. 25884/2011 and S.L.P. no. 27083/2011.

However, it is submitted on behalf of learned counsel appearing on behalf of respondent nos. 2 to 4 that the aforesaid Special Leave Petitions have already been dismissed by the Apex Court and so far the admissible dues of the petitioner is concerned, they are being calculated and thereafter would be paid within a reasonable time.

On such submission having been made on behalf of respondent nos. 2 to 4, this Court is inclined to dispose of the writ application with a direction to respondents to calculate the post retrial dues of the petitioner and transmit all the records to the E.P.F. office so that the claim for pension could be fixed by it. Petitioner would also be required to furnish all the requisite documents and complete all the formalities. It is expected that the entire exercise would be completed at the end of respondent nos. 2 to 4 within a period of three months from the date of receipt/ production of a copy of this order.

(Dr. Ravi Ranjan, J.) rinkee/Ravi U