Rabindra Nath Mishra vs The State Of Bihar
2022 Latest Caselaw 4865 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1277 of 2021
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1. Rabindra Nath Mishra Son of Late Narmadeshwar Mishra resident of village- Bela, Post Office- Aurangabad, P.s.- Aurangabad, District- Aurangabad-824101

2. Babu Nand Singh Son of Late Ramprit Singh Resident of Village-

Mahuabigha, P.o. and P.s.- Obra, District- Aurangabad

... ... Petitioner/s Versus

1. The State of Bihar through its Principal Secretary, Department of Cooperative , New Secretariat, Bailey Road, Patna-800001

2. The Registrar Cooperative Societies, Bihar, New Secretariat, Bailey Road, Patna-800001

3. The Aurangabad District Central Cooperative Bank, Aurangabad through its Managing director,

4. The Managing director, Aurangabad District Central Cooperative Bank, Aurangabad-824101

5. Board of Directors through Managing Director Cum Member Secretary, Aurangabad District Central Cooperative Bank, Aurangabad-824101

6. The Regional Provident Fund Commissioner, Employees Provident Fund Organization, Road No. 6, R-Block, Patna-800001

7. The Manager, Pension and Group Insurance Department, Divisional Office, Life Insurance Corporation of India, 1st Floor, Jeevan Prakash Building, Fraser Road, Patna-800001

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

For the Petitioner/s : Mr. Umesh Pathak, Advocate Mr. Uma Kant Mishra, Advocate For the Respondent/s : Mr. Mr. Sanjay Kumar, Advocate Mr. T.N. Ambastha, AC to SC 26 For the Respondent No. 6 : Mr. Prashant Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 06-12-2022 Heard Mr. Uma Kant Mishra, learned counsel appearing

on behalf of the petitioners, Mr. Sanjay Kumar, learned counsel for

the respondent nos. 3 to 5, Mr. Prashant Sinha, learned counsel for Patna High Court CWJC No.1277 of 2021 dt.06-12-2022

the Employees Provident Fund Organization (Respondent No. 6)

and Mr. T.N. Ambastha, learned AC to SC 26 for the State.

The present writ application has been filed seeking a

direction upon the concerned respondents to compute and pay the

petitioners benefit of pension and gratuity, taking into account of

their past services rendered in the bank from 02.03.1988 to

01.01.1995 i.e. prior to the absorption in terms of the decision of

this Hon'ble Court which stood affirmed by the Hon'ble Supreme

Court. The claim of the petitioner is based upon the judgment of

this Court passed in LPA No. 1332 of 2017 and LPA No. 716 of

2017 which stood affirmed by the Apex Court.

After some argument, learned counsel for the petitioners

submits that for ventilating their grievance, the petitioners have

filed an exhaustive representation before the respondent no. 4 on

24.09.2020 and 04.11.2020 respectively, as contained in Annexure

9 and 9/1 but till date the same have not been considered and

disposed of.

Considering the prayer made on behalf of the

petitioners, which has not been confronted by the learned counsel

for the respondent authorities, this Court deems it apt and proper to

dispose of the writ application with a direction to the respondent 4

to consider the representation of the petitioners as contained in Patna High Court CWJC No.1277 of 2021 dt.06-12-2022

Annexure 9 and 9/1 to the writ application and pass a reasoned and

speaking order in accordance with law, preferably within a period

of eight weeks from the date of receipt/production of a copy of this

order.

It is needless to observe that if the claim of the

petitioners find favor, necessary consequential order would be

issued.

Accordingly, the present writ application stands

disposed of with the aforesaid direction.

(Harish Kumar, J) shivank/-

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Uploading Date          08.12.2022.
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