Dhruv Tara Devi vs The State Of Bihar
2023 Latest Caselaw 3955 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.8301 of 2023
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Dhruv Tara Devi W/O Jawahar Lal, Resident of Street no. 10 A, Santoshi Maa Path, Gaurakshani, Sasaram, Rohtas P.O- Sasaram, P.S.and District- Rohtas, Pincode-821115.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Food and Consumer Protection Department, Government of Bihar, Patna.

2. The Bihar State Food and Civil Supplies Corporation through Managing Director, BSFCSCL, Patna.

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

4. The District Manager, Bihar State Food Corporation, Saran, Chapra.

5. The District Certificate Officer, Saran, Chapra.

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

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate Mr. Ayush Kumar, Advocate Mr. Kanishk Kaustubh, Advocate Mr. Shikhar Mani, Advocate For the B.S.F.C : Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Arvind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 22-08-2023 Heard Mr. Ranjeet Kumar, learned counsel

appearing on behalf of the petitioner, Mr. Shailendra Kumar

Singh, learned counsel appearing on behalf of the Bihar State

Food and Civil Supplies Corporation and Mr. Arvind Ujjwal,

learned SC-4 for the State.

2. Mr. Shailendra Kumar Singh, learned counsel Patna High Court CWJC No.8301 of 2023 dt.22-08-2023

appearing on behalf of the Bihar State Food and Civil Supplies

Corporation submitted that petitioner is entitled for retiral dues,

E.P.F. Pension and Contribution of Provident Fund amount in

accordance with law. He further submitted that the petitioner

may represent before the Managing Director, Bihar State Food

and Civil Supplies Corporation and the Managing Director will

call for all the records relating to the deceased employee, who

had retired from the post of Assistant Godown Manager while

he was posted at Chapra from the District Manger, Bihar State

Food Corporation, Saran, Chapra. He further submitted that the

District Manager, Bihar State Food Corporation, Saran, Chapra,

will extend full co-operation to the petitioner accepting the fact

that the petitioner is an illiterate lady and wife of the deceased

employee during whose period the relief as claimed for in the

present writ petition was not disbursed to the husband of the

petitioner. He further submitted that the reason behind the non-

payment is that the husband of the petitioner was facing

allegation of defalcation and for that a certificate case was

pending against him before the Cirtificate Officer, Chapra.

3. Considering the fact that the husband of the

petitioner had retired on 31.08.2012, he is required to submit all

the records relating to the deceased employee to the Managing Patna High Court CWJC No.8301 of 2023 dt.22-08-2023

Director, Bihar State Food Corporation, Saran, Chapra, from

where the husband of the petitioner had retired on 31.08.2012

and the District Manager, Bihar State Food Corporation, Saran,

Chapra, is directed to get all the requisite forms filled up by the

petitioner by deputing an officer under his jurisdiction

considering the fact that petitioner is an illiterate lady and she is

not in a position to fill up the required forms and understands

the paraphernalia required by the department.

4. At this stage, learned counsel appearing on

behalf of the petitioner submitted that the petitioner will extend

her co-operation to the District Manager or his representative.

5. The Managing Director, Bihar State Food and

Civil Supplies Corporation, Patna, must ensure to make

payment of all the retiral dues as claimed by the petitioner in

accordance with law within a period of six weeks from the date

of communication of this order without expecting any

representation to be filed by the petitioner as already a

representation has been filed on behalf of the petitioner long

back. This Court appreciates Mr. Shailendra Kumar Singh,

learned counsel, who has shown compassion to the petitioner in

peculiar facts and circumstances of the present case for disposal

of the grievance of the petitioner and same is also expected from Patna High Court CWJC No.8301 of 2023 dt.22-08-2023

the Managing Director, B.S.F.C.

7. With above observation and direction, the

present writ petition is disposed of.

                                                 (Purnendu Singh, J)
Niraj/Nilmani
AFR/NAFR                N.A.F.R.
CAV DATE                N/A
Uploading Date          23.08.2023
Transmission Date       N/A