Nageshwar Choudhary vs The State Of Bihar And Ors
2023 Latest Caselaw 2913 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6981 of 2014
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Nageshwar Choudhary, Son Of Late Bauyai Lal Choudhary Resident Of Vil- lage - Tiyay, P.O. - Dadpur, P.S. Bhagwanpur, District - Begusarai.

... ... Petitioner/s Versus

1. The State Of Bihar.

2. The Principal Secretary, Department Of Cooperative , Government Of Bihar, Vikas Bhawan, New Secreta

3. The Registrar Cooperative Societies, Department Of Cooperative, Govern-

ment Of Bihar, Vikas Bhawan,

4. The Joint- Registrar, Cooperatives Societies, Department Of Cooperative , Patna Division, Patna Cum

5. The Regional Commissioner, Employees Provident Fund Organization, Patna.

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

For the Petitioner/s : Mr.Ugranath Mallik, Advocate For Respondent No.5 : Mr. Jai Prakash Verma, Advocate For the State : Mr. Anuj Kumar, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 11-07-2023

Heard Mr. Ugranath Mallik, learned counsel

appearing on behalf of petitioner; Mr. Jai Prakash Verma,

learned counsel appearing on behalf of respondent No.5 and Mr.

Anuj Kumar, learned AC to SC-13 for the State.

2. In the present writ petition the petitioner has

prayed for following relief:

"(i) Whether the respondents are justified in not paying the pensionary dues of the petitioner though they are fully aware that every employee is entitle for their pensionary dues?

(ii) Whether the respondents are justified in not releasing the Provident fund of the petitioner Patna High Court CWJC No.6981 of 2014 dt.11-07-2023

though the petitioner retired on 31.07.2012.

(iii) Whether the petitioner can be allowed to face starvation due to inaction on the part of the respondents?

(iv) Whether the act of the Respondents in not releasing the pensionary dues of the petitioner is not an arbitrary act?"

3. Learned counsel appearing on behalf of

petitioner informs this Court that petitioner had superannuated

on 31.07.2012 from the post of Lineman, while he was working

in Fatuha-Phulwrisharif Gramya Viduyt Sahakari Samittee

Limited, Patna, which was registered under the Co-

operative/Society Registration Act. He further submits that the

license of the society was, later on, cancelled on 06.11.1999.

The petitioner seeks to file a detailed representation before the

Registrar, Cooperative Societies, Department of Cooperative,

Government of Bihar, Patna (Respondent No.3).

4. In view of the above submission, the petitioner,

if so advised, may file a detailed representation before the

respondent no.3, who is required to verify the records relating to

the petitioner from the concerned Cooperative Society, where

the petitioner was employed and take a final decision with

respect to the claim, as has been made in the present writ

petition as well as in any representation, which is pending

before him on behalf of the petitioner within a period of six Patna High Court CWJC No.6981 of 2014 dt.11-07-2023

weeks and direct the concerned person to make payment within

stipulated period fixed by him.

5. With the above observations and directions, the

present writ petition stands disposed of.

                                                 (Purnendu Singh, J)
manish/minu
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Uploading Date          17.07.2023
Transmission Date