Prem Nath Thakur, v. The Bihar State Food And Civil Supplies Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24696 of 2019 ====================================================== Prem Nath Thakur, Son of Late Gorakh Nath Thakur, Resident of MohallaMahendru P.S.- Sultanganj, Town and District- Patna. ... ... Petitioner/s

Versus

1.

The Bihar State Food and Civil Supplies Corporation Ltd. through its Managing Director, Sone Bhawan, Birchand Patel Marg, Patna. 2.

The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Birchand Patel Marg, Patna. 3.

The Chief of Administration, Bihar State Food and Civil Supplies Corporation Ltd., Sone Bhawan, Birchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umashankar Prasad, Sr. Advocate Mr.Kamala Kant Tiwary, Advocate Mr. Lalmani Sharma, Advocate For the Respondent/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2019 Heard the learned counsel for the parties.

Even though, the petitioner has retired from the post of Assistant Manager, Bihar State Food and Civil Supplies Corporation Limited on 31st of January, 2018 and his service-book also has been deposited in the headquarters of the FCI on 15.09.2018, he has not

Patna High Court CWJC No.24696 of 2019(2) dt.10-12-2019 2/3 been paid his post-retiral dues. The details of the dues of the petitioner have been culled out in paragraph 1 of the petition. There is no reason whatsoever for not making available to the petitioner the retiral dues. It is too late in the day to record the necessity of making such payment of retiral dues at the earliest. It would only be a repetition of sorts if it is reiterated that retiral dues are not bounties to be doled out to a retired government servant but is in the nature of a personal right which has been earned by such an employee. Without a reason, the same cannot be withheld even for a day.

In this background, this Court directs that in the event of petitioner making a representation before the Managing Director of Bihar State Food and Civil Supplies Corporation Limited, Patna, charting out the dues which is required to be paid, within a period of two weeks, the concerned respondent shall verify the facts, seek information from the relevant places to ascertain

Patna High Court CWJC No.24696 of 2019(2) dt.10-12-2019 3/3 the claim of the petitioner and shall pass orders in accordance with law disposing off such representation and making provision for payment of the post retiral dues of the petitioner within a period of six weeks of the receipt of such representation.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- U