Patna High Court
Vijay Kumar Srivastava vs The Union Of India on 4 April, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5058 of 2021
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1. Vijay Kumar Srivastava S/o Late Ishwar Lal Resident of Ward No. 13, New
Colony, Robertsganj, PO- Robertsganj, District- Sonbhadra, Utter Pradesh,
231216.
2. Dhananjay Kumar Srivastava S/o Late Ishwar Lal Resident of Quarter No.
7/A, Street 34, Sector 7, Civic Centre, Bhilai, PO- Durg, District- Durg,
Chhattisgarh, 490006.
... ... Petitioner/s
Versus
1. The Union of India India.
2. National Thermal Power Corporation Limited (NTPC Ltd) NTPC Bhawan,
SCOPE Complex, Institutional Area, Lodhi Road, New Delhi, Through its
Director (HR)/ Director (Finance).
3. Executive Director, NTPC Ltd. Barh Super Thermal Power Station, Barh,
District- Patna.
4. General Manager, NTPC Ltd. Barh Super Thermal Power Station, Barh,
District- Patna.
5. Assistant General Manager, (HR), NTPC Ltd. Barh Super Thermal Power
Station, Barh, District- Patna.
6. Assistant General Manager (Accounts/ Finance), NTPC Ltd. Barh Super
Thermal Power Station, Barh, District- Patna.
7. The State of Bihar Bihar.
8. Smt. Anita Srivastava W/o Late Sushil Kumar Srivastava Permanent
Resident of Village Majidar, Pargana- Vijaygarh, Tehsil- Robertsganj,
District Sonbhadra, (Utter Pradesh). Presently residing at quarter no. B- 11/5
NTPC Colony, PO- NTPC Barh, District- Patna- 803215.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kishore Kumar Sinha, Advocate
Mr. Shashi Shekhar, Advocate
For the State : Mr. Rakesh Ambastha, AC to AAG-07
For the Respondent/s : Mr. Radhika Raman, CGC
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 04-04-2022
Heard the learned counsels for the parties.
In the instant petition, petitioners have prayed for
Patna High Court CWJC No.5058 of 2021 dt.04-04-2022
following reliefs:-
"(i) For a direction in the
nature writ of mandamus, directing the
Respondent Authorities concerned, to pay
to the petitioners equally, the
rd
proportionate 1/3 share amount of the
payable money of the petitioners brother
late Sushil Kumar Srivastava (since
deceased during harness) in respect of the
payment against his (deceased brother)
Provident Fund, Gratuity, NTPC Death
Scheme Amount including Leave
Encashment and Group Insurance etc.
(ii) To direct the respondent
authorities concerned to furnish the details
of the amount payable against the above
claim to be paid after death of the
petitioners brother namely late Sushil
Kumar Srivastava.
(iii) Further respondent
authorities concerned may be directed not
to allow such payments to any person
including the respondent no. 6 also, till the
claim of the present petitioners be not
settled as already claimed/submitted to the
authorities concerned (Annexure 2 Series),
or in alternative direct the respondent
authorities concerned to consider the
representation/ claim of the petitioners
already submitted giving details of their
claim as rightful/legal sharer of the
payments in question to be paid.
(iv) And/or pass any other
order/ relief or reliefs to which the
petitioners are entitled in accordance with
law."
Petitioners have not established their statutory right
that deceased Sushil Kumar Srivastava has nominated
Patna High Court CWJC No.5058 of 2021 dt.04-04-2022
petitioners in the service record for the purpose of claiming any
monetary benefits from the official respondents, in particularly,
from 4th Respondent. If petitioners still dispute that they are
entitled to monetary benefits on account of death of Sushil
Kumar Shrivastava in that event they are at liberty to file a civil
suit.
With the above observations, the present petition stands
dismissed.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 08.04.2022
Transmission Date
