Harish Chandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24986 of 2019 ====================================================== Harish Chandra Prasad Son of late Ram Krishna Sah, R/o Vill Noniyar Toli Ward No. 7 Christian Quarter P.S. Bettiah town and District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary of Food and Consumer Protection Department Government of Bihar at Patna. 2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd. R. Block Road No. 2, Bihar , Patna.

3.

The Assistant Provident Fund Commissioner Employers Provident Fund Organization New Vakalatnama Bhawan Bhawan Court Compound Muzaffarpur Presently at Surya Complex Laxmi Chowk, P.O. MIT Muzaffarpur, Bihar.

4.

The District Manager Bihar State Food and Civil Supplies Corporation East Champaran at Motihari.

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Respondent/s :

Mr.S. Raja Ahmad ( Aag5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the respondent EPFO. Learned counsel appearing on behalf of the petitioner submits that the petitioner has died. Therefore, he has to take steps for substitution.

From the statement made in para 8 to 11 of the counter affidavit of respondent nos. 2 and 4, it is apparent that remaining employee's and employer's contribution was sent to the office of the Employees Provident Fund of Rs. 56,191/- for the financial year 2012-13 and Rs. 67,354/- for the financial

Patna High Court CWJC No.24986 of 2019(3) dt.22-06-2020 2/2 year 2013-14. Since the petitioner has died, the Court directs the respondent no.4 to take all steps to ensure entire payment to the widow of the petitioner under the scheme at the earliest, preferably within a period of three months from the date of receipt/production of a copy of this order. In the event, payment is not made to the widow of the petitioner within the period of three months, the widow of the petitioner would be entitled to payment of interest @ 10 per cent from the date of her late husband retirement till the date of actual payment. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U