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Patna High CourtL.P.A/1605/2019disposed

Ram Ishwar Prasad, v. The State Of Bihar

2021-03-01The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1605 of 2019 In Civil Writ Jurisdiction Case No.19448 of 2019 ====================================================== Ram Ishwar Prasad, Son of Late Gobind Ram, Resident of Village and PostParthu, P.S. Ekangar Sarai, District- Nalanda- 801 301. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Co-operative, New Secretariat, Patna.

2.

Registrar Cooperative Society, Bihar, Patna.

3.

The Managing Director, Biscomaun Bhawan, Biscomaun Bhawan, Raja Ji Salai, Chajju Bagh, Patna Bihar-800001.

4.

The Regional Provident Fund Commissioner, Patna. 5.

The Employees Provident Organization, EPFO Complex, Plot No. 23, Behind ACP Office, Sector-23, Dwarka, New Delhi-110075. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajnandan Kumar, Advocate For the Respondent/s :

Mr.Raj Ballabh Prasad Yadav (AAG 11) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-03-2021 This appeal is directed against the order dated 04.11.2019, passed in C.W.J.C. No. 19448 of 2019, titled as Ram Ishwar Prasad Vs. The State of Bihar & Ors., by a learned Single Judge of this Court.

It is brought to our notice that only the Hon'ble Apex Court, dealing with the very same issue, has passed an order

Patna High Court L.P.A No.1605 of 2019(2) dt.01-03-2021 2/3 dated 15.07.2019 in S.L.P. (C) No(s). 20717-20719/2017, titled as Ran Chandra Singh ETC. Vs. The State of Bihar & Ors., which reads as under:

" A prayer is made by the respondent- State to make the payment of the dues of the petitioners in 12 equal monthly installments. Whwever, we deem it appropriate to direct the payment of the retiral dues in 8 (eight) equal monthly installments with interest at the rate of 6% per annum from the date on which they were entitled. The first installment to be paid before the 10th day in the month of August, 2019. The last installment shall be paid before the 10th day in the month of March, 2020.

In view of the above, the Special Leave Petitions are disposed of.

In case there is a mistake in calculation, it is open to the petitioners to approach the respondent- State by way of filing appropriate representation. In case the representation is filed, the same shall be considered within six weeks from the date of filing the representation and shall be decided by a reasoned order.

Pending interlocutory application(s), if any, is/are disposed of."

Learned counsel for the appellant states that the present appeal be disposed of granting liberty to the appellant to invite attention of the authority to the order passed by Hon'ble

Patna High Court L.P.A No.1605 of 2019(2) dt.01-03-2021 3/3 The Apex Court (supra).

Appeal is disposed of with the aforesaid liberty. (Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U