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Patna High Court

Krishna Ballabh Jha vs The Bihar State Food And Civil Supplies ... on 19 May, 2016

Author: Samarendra Pratap Singh

Bench: Samarendra Pratap Singh

       IN THE HIGH COURT OF JUDICATURE AT PATNA

                  Civil Writ Jurisdiction Case No.22274 of 2013
===========================================================
Krishna Ballabh Jha, S/o Shri Amrit Nath Jha, resident of Village - Mohanpur, P.S.
- Nauhatta, District - Saharsa
                                                                  .... .... Petitioner
                                       Versus
1. The Bihar State Food & Civil Supply Corporation Ltd., Sone Bhawan, 5th
   Floor, Beerchand Patel Path, Patna - 800001, represented through its Managing
   Director, the Bihar State Food & Civil Supply Corporation Ltd., Sone Bhawan,
   5th Floor, Beerchand Patel Path, Patna - 800001
2. The Chief of Administration, Sone Bhawan, 5th Floor, Beerchand Patel Path,
   Patna - 800001
3. The Managing Director, the Bihar State Food & Civil Supply Corporation Ltd.
   Sone Bhawan, 5th Floor, Beerchand Patel Path, Patna - 800001
4. The District Manager, the Bihar State Food & Civil Supply Corporation Ltd.,
   Gaya
5. The District Manager, the Bihar State Food & Civil Supply Corporation Ltd.,
   Khagaria
6. The District Manager, the Bihar State Food &Civil Supply Corporation Ltd.,
   Madhubani
7. The District Manager, the Bihar State Food & Civil Supply Corporation Ltd.,
   Munger
8. The Regional Commissioner, Employees Provident Fund Office, R. Block,
   Patna, 800001.
                                                               .... .... Respondents
===========================================================
Appearance :
For the Petitioner/s :      Mr. Shri Prakash Srivastava, Advocate
For the Respondent/s :       Mr. Shailendra Kumar Singh, Advocate
For the E.P.F.O.        :    Mr. Jainendra Kumar, Advocate
===========================================================
CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP
SINGH
ORAL JUDGMENT

Date: 19-05-2016 Mr. Shrivastava, learned counsel appearing for the petitioner, is permitted to add Regional Commissioner, Employees Provident Fund, as respondent no.8, in this writ application.

The petitioner retired, on 31.10.2008, from the office of Bihar State Food & Civil Supply Corporation Ltd. (hereinafter Patna High Court CWJC No.22274 of 2013 dt.19-05-2016 2/3 referred to as 'the Corporation') while serving in Gaya Branch of the Corporation. The dispute is primarily limited to payment of Provident Fund Dues.

Mr. Shailendra Kumar Singh, learned counsel appearing for the Corporation, submits that EPF and Pension amount could not be paid to the petitioner, as he has not filled up Form 10D and 19, which is necessary for payment of Provident fund and for pension. He assures that once the petitioner fills up form and hands it over to the District Manager, Bihar State Food & Civil Supply Corporation Ltd., Gaya, the same would be forthwith forwarded to the Regional Commissioner, Employees Provident Fund, Patna for payment of provident fund and pension also.

In the light of the submissions of the learned counsel for the Corporation, the writ application is disposed of with the following directions:

The petitioner would submit his provident fund and pension claim in Form 10D and 19 to respondent no.4. Thereafter, the respondent no.4 forthwith would forward the same to the Regional Commissioner, Employees Provident Fund, Patna for payment, who would immediately process for payment of the same to the petitioner. Furthermore, since the gratuity and earned leave amount has already Patna High Court CWJC No.22274 of 2013 dt.19-05-2016 3/3 been sanctioned, the respondent Corporation would issue necessary authority slip within a period of four months for payment of the aforesaid dues also.
(Samarendra Pratap Singh, J.) Uday/-
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