Sushma Devi vs The State Of Bihar And Ors
2023 Latest Caselaw 3003 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14269 of 2016
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Sushma Devi Wife of Late Shaligram Pandey, resident of Village- Dheusa, P.O.- Dheusa Dih, P.S- Shekhpura. District- Shekhpura.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Ranchi.

3. The Secretary, Water Resources Department, Govt. of Bihar, Patna.

4. The Managing Director, Bihar Hill Area Lift Irrigation Corporation BHALCO, Water Resources, Corporation Office, opposite of Registrar General (Patna High Court)'s residence, Daroga Rai Path, Patna-800001.

5. The Managing Director, Jharkhand Hill Area Lift Irrigation Corporation JHALCO, Ranchi.

6. The Regional Manager, Sub- Area BHALCO, Near Maveshi Hospital, Giridih- 815301.

7. The Secretary, Minor Under Resources Department, Govt. of Bihar, Patna.

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

For the Petitioner/s : Mr.Shree Nivas Madhuvan, Advocate.

Mr. Satyendra Rai, Advocate.

For the Respondent/s : Mr.Vikash Kumar, SC-11.

Mr. Sriram Krishna, AC to SC-11.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 13-07-2023 Heard Mr. Shree Nivas Madhuvan, learned counsel

along with Mr. Satyendra Rai, learned counsel appearing on

behalf of the petitioner and Mr. Sriram Krishna, AC to SC-11

for the State.

2. Learned counsel appearing on behalf of the

petitioner informs that the petitioner is aggrieved by non-

payment of gratuity, leave encashment and CPF amounting Rs.

9411/-.

Patna High Court CWJC No.14269 of 2016 dt.13-07-2023

3. The deceased employee had died in harness on

04.01.2004 while he was posted on the post of Pump Khalasi @

Pump Chaukidar which is a Class-IV post in Bihar Hill Area

Lift Irrigation Corporation (BHALCO). Petitioner is a widow

and an illiterate lady. He submits that certain requisite forms are

required to be filled up for grant of benefits which has been

denied to the petitioner.

4. Petitioner has informed that he will make a

representation before the appropriate authority for payment of

gratuity, leave encashment and C.P.F. amounting Rs. 9411/-

before the Additional Chief Secretary, Water Resources

Department, Government of Bihar, as as on date Bihar Hill

Area Lift Irrigation Corporation (BHALCO) is under

liquidation.

5. This Court in peculiar fact of the case that the

Corporation is under liquidation, in the interest of justice,

directs the Additional Chief Secretary, Water Resources

Department, Government of Bihar to examine the case of the

petitioner whose husband had died in harness long back on

04.01.2004 on the basis of the available records. The payments

are required to be paid to the petitioner on account of gratuity,

leave encashment and C.P.F. amounting Rs. 9411/-. The Patna High Court CWJC No.14269 of 2016 dt.13-07-2023

petitioner is an illiterate lady and is old and infirm. The

Additional Chief Secretary must entrust a competent officer to

visit the house of the petitioner to obtain necessary documents

and redress the grievance of the petitioner by crediting the

amount on account of gratuity, leave encashment and CPF

amounting Rs. 9411/- within a period of six weeks in

accordance with law. He must not take any technical plea that

certain forms are not filled up. The officer to whom he will

entrust must ensure that all the formalities required for payment

of gratuity, leave encashment and CPF amounting Rs. 9411/-

along with statutory interest at the rate of 18% must be done by

the controlling officer on behalf of the petitioner within six

weeks.

6. In case of any further delay considering the fact

that the husband of the petitioner had died in harness on

04.01.2004, this Court will take appropriate legal action against

the concerned employee.

7. With the aforesaid observation and direction, the

writ application stands disposed of.

(Purnendu Singh, J) mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          20.07.2023
Transmission Date       N.A.