Patna High Court
Chhote Prasad Karn vs The State Of Bihar And Ors on 11 July, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6397 of 2014
======================================================
Chhote Prasad Karn, Son Of Late Baldeo Lal, Resident Of Village- Pakri,
P.O.- Janardanpur, P.S.- Kalyanpur, District- Samastipur At Present Residing
At Main Road, Mirjapur Nohta, P.O. and P.S.- Fatuha, District Patna.
... ... Petitioner
Versus
1. The State Of Bihar.
2. The Principal Secretary, Department Of Cooperative, Government Of Bihar,
Vikas Bhawan, New Secretariat, Patna
3. The Registrar Cooperative Societies, Department Of Cooperative,
Government Of Bihar, Vikas Bhawan, New Secretariat, Bihar, Patna
4. The Joint-Registrar, Cooperatives Societies, Department Of Cooperative,
Patna Division, Patna Cum-L Fatuha- Phulwarisarif Gramya Vidyut
Sahakari Samiti Limited, Patna
5. The Commissioner, Regional Employees Provident, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ugranath Mallik, Advocate
For the Respondent No.5: Mr. Jai Prakash Verma, Advocate
For the Respondent/s : Mr. Hitesh Suman, AC to SC-13
======================================================
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.
Hitesh Suman, 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?
Patna High Court CWJC No.6397 of 2014 dt.11-07-2023
(ii) Whether the respondents are justified in not
releasing the Provident Fund of the petitioner
though the petitioner retired on 28.02.2013.
(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 28.02.2013 from the post of Meter Reader, while he was
working in Fatuha-Phulwrisharif Gramya Viduyt Sahakari
Samittee Limited, Patna, which was registered under the 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 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 made before
Patna High Court CWJC No.6397 of 2014 dt.11-07-2023
him by the petitioner or on his behalf within a period of six
weeks.
5. With the above observations and directions, the
present writ petition stands disposed of.
(Purnendu Singh, J)
manish/minu
AFR/NAFR
CAV DATE
Uploading Date
Transmission Date
