Patna High Court disposed of writ petition advising the petitioner to file a detailed representation before the respondent

TITLE: Nageshwar Choudhary v. The State Of Bihar & Ors.

Decided on: 11-07-2023

CWJC No: 6981/2014


Facts of the case:

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 entitled for their pensionary dues? 

(ii) Whether the respondents are justified in not releasing the Provident fund of the petitioner through 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?”

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-Phulwari Sharif Gramin Vidyut Sahkari Samiti Limited, Patna, which was registered under the Cooperative/Society Registration Act. He further submits that the licence 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). 

Analysis of the court and decision:

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 weeks and direct the concerned person to make payment within stipulated period fixed by him. 

With the above observations and directions, the present writ petition stands disposed of.

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Written by- Meghana D

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