Bachhi Devi vs The State Of Bihar
2023 Latest Caselaw 3882 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5370 of 2023
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Bachhi Devi Late Ramdeshwar Prasad Resident of Village-Kutlupur Bara, P.S.-Nalanda, District-Nalanda.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Food and Civil Supply Govt.

of Bihar, Patna.

2. The Bihar State Food and Civil Supply Corporation Ltd. Patna through its Managing Director, Bihar, Patna.

3. The Managing Director, Bihar State Food and Civil Supplies Corporation Ltd, Patna.

4. The District Manager Rajgir, Bihar State Food and Civil Supply Corporation Ltd,

5. The Commissioner, Employees Provident Fund Organization, daroga rai Patha, Bihar, Patna. (E.P.F.)

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

For the Petitioner/s : Mr. Amaresh Kumar, Advocate For the Respondent/s : Mr. Arvind Ujjwal, SC-4 For the EPFO : Mr. Rajoday Satyjeet, Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate Ms. Usha Kumari, Advocate Mr. Utkarsh Utpal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 21-08-2023 Heard Mr. Amaresh Kumar, learned counsel

appearing on behalf of the petitioner; Mr. Arvind Ujjwal,

learned SC-4 appearing on behalf of the respondent; Mr.

Rajoday Satyjeet, learned counsel appearing on behalf of the

EPFO and Mr. Shailendra Kumar Singh, learned counsel along

with Ms. Usha Kumari, learned counsel appearing on behalf of

BSFC.

2. The petitioner has sought for following reliefs in Patna High Court CWJC No.5370 of 2023 dt.21-08-2023

the present writ petition:-

"(i) For issuance of an appropriate writ/writs in the nature of mandamus commanding and directing the respondents to make payment of amount of Employee Provident Fund amount which was deducted from salary of petitioner's husband but not deposited in E.P.F. Scheme, which resulted in less payment of monthly pension to her husband.

(ii) Further for a direction to the respondents to pay enhanced amount of Gratuity 650000.00 Vide Corporation letter no. 6228 dated 30.6.2017, the amount of Gratuity enhanced from 3,50,000/- to 10,00000/- 10 lakhs but they paid only 3,50,000.00/- and as such her husband was liable to pay Rs. 10,00,000.00 Petitioner's husband Late Rameshwar Prasad retired on 30.11.2018 as IV employee form the office of respondent District Manager BSFC, Rajgir and died of CANCER on 22.12.2022 but till date they have not paid aforesaid amount.

(iii) Further for a direction to the respondents to pay suitable interest on delayed payment.

(iv) For any other relief/reliefs for which the petitioner is entitled to get in the facts and circumstances of the case."

3. The hard copy of counter affidavit filed on

behalf of respondents no. 2 to 4 and 5 are directed to be kept on

record.

4. Learned counsel appearing on behalf of the

petitioner informs that the petitioner has been paid substantial

amount of retiral dues on different heads during the pendency of

the writ petition. He further seeks to file representation with

respect to the remaining amount which has not been paid to the

petitioner as has been detailed in the sanction letter dated Patna High Court CWJC No.5370 of 2023 dt.21-08-2023

05.08.2023.

5. Considering the aforesaid specific submission

made on behalf of the petitioner, petitioner, if so advised, may

file a detailed representation before the concerned authority,

who shall dispose of the said representation within a period of

six weeks in accordance with law.

6. The District Provident Officer, Patna is directed

to collect all the requisite deduction statements from the places

of posting of the petitioner and must ensure to make payment of

provident fund due to the petitioner within a period of six weeks

from the date of communication of this order.

7. It is stated in counter affidavit filed on behalf of

respondent no.5 that so far as payment of EPF is concerned, the

Regional Provident Fund Commissioner, Patna has taken steps

to make payment of entire amount of contributory provident

fund to the petitioner and in this regard a hard copy of the

counter affidavit has also been filed on his behalf.

8. The petitioner submits that he has still having

some grievance for non-payment of entire amount of EPF.

9. The petitioner, if so desires, he may file a

detailed representation before the Commissioner, Employees

Provident Fund Organization, Patna(respondent no. 5) for Patna High Court CWJC No.5370 of 2023 dt.21-08-2023

redressal of his grievance.

10. With above observation and direction the writ

petition stands disposed of.

(Purnendu Singh, J)

Manish/-

Minu/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          24.08.2023
Transmission Date       NA