Patna High Court
Vijay Nath Tiwari vs The Chairman-Cum- Managing Director, ... on 9 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17268 of 2022
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Vijay Nath Tiwari Son of Late Indradeo Tiwari, Resident of Village- Kandi,
P.O.- Bithosharif, P.S.- Chandauti, District- Gaya.
... ... Petitioner/s
Versus
1. The Chairman-cum- Managing Director, Bihar State Power Holding
Company Ltd. Patna.
2. The Managing Director, South Bihar Power Holding Company Ltd., Patna.
3. The Secretary, South Bihar Power Holding Company Ltd., Patna.
4. That Chief Engineer, Magadh Range, Gaya, South Bihar Power Holding
Corporation, Patna.
5. The Superintending Engineer (Electrical) Vidyut Anchal, District- Gaya
(Eastern Circle).
6. The Electrical Executive Engineer, Chandauti, District- Gaya.
7. The Superintending Engineer, Electrical Supply Board, Belaganj, Gaya.
8. The Assistant Engineer, Electricity, Belaganj, Gaya.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prashant Kashyap, Advocate
Mr. Pawan Kumar Singh, Advocate
For the Respondent/s : Mr. Vinay Kirti Singh, Sr. Advocate
Mr. Akhileshwar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-01-2024
At the outset, learned counsel for the petitioner seeks
permission to make necessary correction in paragraph nos. 1 and
2, as also in the nomenclatures of the respondents, in course of
the day.
2. The permission is accorded.
3. Heard Mr. Prashant Kashyap, learned counsel
appearing on behalf of the petitioner and Mr. Vinay Kirti Singh,
learned senior counsel along with Mr. Akhileshwar Singh,
Patna High Court CWJC No.17268 of 2022 dt.09-01-2024
learned counsel representing the South Bihar Power Distribution
Company Ltd.
4. The petitioner, claiming himself to be adopted son
of Late Indradeo Tiwary, filed the present writ petition seeking a
direction upon the respondents South Bihar Power Distribution
Company Ltd., hereinafter referred to as "Company", to ensure
the amount of provident fund, group insurance, leave
encashment and arrears of salary with increment, along with
statutory interest and cost of prolonged litigation.
5. It is submitted on behalf of the petitioner that Late
Indradeo Tiwary, was the uncle of the petitioner and, as he was
issueless, he adopted the petitioner on 01.01.1989, after
following all the rituals. Subsequently, the erstwhile employee
also entered the name of the petitioner in the record of GPF No.
CAB/4862, and also filed application before the Branch
Manager, Punjab National Bank, Belaganj, to add the name of
the petitioner, as his nominee. While he was working as
lineman, he died on 29.12.2000. After demise of the erstwhile
employee, the petitioner obtained succession certificate by filing
Succession Case No. 12 of 2001, for withdrawal of the standing
amount kept with Punjab National Bank and, on the basis
thereof, he also obtained the due salary of the erstwhile
Patna High Court CWJC No.17268 of 2022 dt.09-01-2024
employee. Thereafter, the petitioner filed representation for
grant of all the terminal dues and when the same has not been
accorded, he preferred CWJC No. 6383 of 2001, wherein, the
petitioner was directed to approach before the competent Court
of Civil jurisdiction for declaration that he is the legally adopted
son and sole heir of Late Indradeo Tiwary.
6. In pursuant to the order of the Hon'ble Court, the
petitioner preferred Title Suit No. 390 of 2008, for a declaration
of he being legally adopted son and sole heir of Late Indradeo
Tiwary, which suit, finally decreed in favour of the petitioner
declaring him to be adopted son of Late Indradeo Tiwary.
7. On the strength of the aforesaid decree passed by a
Civil Court of competent jurisdiction, the petitioner again
approached before the respondent Company, however, the
request of the petitioner has not been acceded, leading to filing
of CWJC No. 5455 of 2010. However, during the course of
hearing, the Hon'ble Court taking note of the fact that the
petitioner does not appear to be sole claimant of the dues of Late
Indradeo Tiwary and accordingly, the writ petition was disposed
of, with a liberty to the petitioner to agitate the matter before the
appropriate forum, in accordance with law.
8. It is the case of the petitioner that on the
Patna High Court CWJC No.17268 of 2022 dt.09-01-2024
representation filed by the petitioner, the Electrical Executive
Engineer, Gaya, recommended the case of the petitioner for
payment of arrears of retiral dues of late erstwhile employee.
9. The petitioner, in the meantime, having realized
that the judgment and decree passed by the Court of learned
Sub-Judge - 1, Gaya, did not declare the petitioner to be sole
legal heir, has filed Misc. Case No. 14 of 2019, however, the
learned Court declined to make any modification, holding it to
be time barred, vide order dated 07.09.2019.
10. Aggrieved, the petitioner filed Civil Misc. Case
No. 143 of 2020, which has ultimately been withdrawn by the
petitioner, with a liberty to avail his remedy for grant of
retirement benefits before the competent authority, the copy of
which has been brought on record by way of Annexure - 9 to
the writ petition. Despite his representation, when request of the
petitioner has not been acceded, he again approached this Court
by filing the present writ petition.
11. It is submitted on behalf of the petitioner that
despite, having obtained an unimpeachable document by way of
judgment and decree, passed by a competent Court of Civil
jurisdiction, declaring the petitioner to be the legal heir of the
deceased employee, he has not been accorded the retiral benefit
Patna High Court CWJC No.17268 of 2022 dt.09-01-2024
and on the ground of technicalities, he has been deprived from
his entitlement to get the retiral benefits/other dues of Late
Indradeo Tiwary, who is non else, but the adoptive father of the
petitioner.
12. Per contra, Mr. Singh, learned senior counsel by
referring to the statements made in the counter affidavit has
submitted that during the lifetime, the erstwhile employee had
filed an application and the affidavit, showing the wrong
intention of the petitioner. It is also submitted that from the
service record, it appears that the erstwhile employee had also
taken advances from his GPF for medical treatment of his wife
and marriage of his two daughters, who have not been made
party in any proceeding. Moreover, this is the 4 th round of
litigation and even pursuant to the order of this Court, the
petitioner has failed to bring on record the judgment or any
valid documents, showing the petitioner to be the sole legal heir.
13. Learned senior counsel next submitted that
irrespective of the fact that the petitioner got declaration of Sub-
Judge - 1, Gaya, with regard to him, being legally adopted son
of Late Indradeo Tiwary, but he has failed to bring on record
that he is the sole heir and thus, in view of the discrepancies,
which reflect from the record and his declaration, that's why, he
Patna High Court CWJC No.17268 of 2022 dt.09-01-2024
could not be treated as sole heir, especially, in view of the order
dated 20.09.2005, passed by this Court in CWJC No. 6385 of
2001. It is lastly submitted that unless the petitioner gets such
declaration that he is the sole heir of Late Indradeo Tiwary, the
petitioner is not entitled for any relief and the present successive
writ application is not of any help.
14. This Court has anxiously heard the learned
counsel for the respective parties. From the records, it is
manifest and not in dispute that the petitioner is nephew of the
erstwhile employee, and there is a legal declaration in his favour
with regard to his being adopted son. It is also the fact that, till
date, no other claimant has come to claim for the retiral
benefits/other dues of Late Indradeo Tiwary, who died in
harness, way back in the year 2000, itself.
15. This Court has also seen that, time without
number, the petitioner has approached before this Court and he
was directed to prove his case of he being the sole heir and
adopted son. In order to put the quietus to the litigation, this
Court deems it proper to dispose of the writ petition, with a
direction to the Managing Director, South Bihar Power
Distribution Company Ltd., to consider the claim of the
petitioner, in the light of the judgment/decree passed by the
Patna High Court CWJC No.17268 of 2022 dt.09-01-2024
learned Sub-Judge 1, Gaya in Title Suit No. 390 of 2008. It is
also expected that before passing any final order, the respondent
no. 2, shall be at liberty to make a discrete enquiry with regard
to presence of any other legal heirs of erstwhile deceased
employee and in case of there being any other claimant, after
giving him/her proper opportunity of hearing, shall pass
reasoned and speaking order and, in case, the claim of the
petitioner finds favour, all the consequential benefits must be
paid to him. The entire exercise must be completed within a
period of 12 weeks, from the date of receipt/production of a
copy of this order.
16. This disposes the writ petition.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 11.01.2024.
Transmission Date NA
