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Patna High Court

The State Of Bihar & Ors vs Arvind Kumar Chaudhary on 18 March, 2017

Author: Ajay Kumar Tripathi

Bench: Ajay Kumar Tripathi, Nilu Agrawal

      IN THE HIGH COURT OF JUDICATURE AT PATNA

                     Letters Patent Appeal No.762 of 2014
                                       IN
                 Civil Writ Jurisdiction Case No. 12827 of 2008
===========================================================
1. The State of Bihar through the Principal Secretary to Government, Agriculture
Department, Vikash Bhawan Bailey Road, Patna
2. The Managing Director, Bihar State Agro Industries Corporation Ltd. Krishi
Udyog Bhawan, Sinha Library Road, Patna
3. The Secretary, Bihar State Agro Industries Corporation Ltd. Krish Udyog
Bhawan, Library Road, Patna
4. The Regional Employees Provident Fund Commissioner, Regional Office,
Bhavishya Nidhi Bhawan, R. Block, Road No. 6, Patna

                                                            .... ....   Appellant/s
                                      Versus
Shail Devi, wife of Late Arvind Kumar Chaudhary, resident of village - Kurson,
P.O. Chuni, P.S. Madhepur, District - Madhubani

                                                      .... .... Respondent/s
===========================================================
       Appearance :
       For the Appellant/s  :   Mr. Sunil Kumar Mandal
                                Mr. Bipin Kumar
       For the Respondent/s   : Mr. Ashok Kumar Mishra, Advocate
                                Mr. Rishit Deo Kumar Singh, Advocate
===========================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
          and
          HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 18-03-2017 Heard learned counsel for the appellants and counsel for the private-respondent.

Since the private-respondent is dead, a substitution petition has been filed. I. A. No. 1930 of 2017 is allowed.

Let Shail Devi, the wife of the erstwhile employee, be substituted.

Heard counsel for the appellants and the counsel for Patna High Court LPA No.762 of 2014 dt.18-03-2017 2/2 the legal heir.

The appeal is dismissed, because the Learned Single Judge has only given a direction to calculate and pay the rightful dues of the erstwhile employee and it is an accepted position that such amounts are due and has been specified in paragraph 8 of the impugned order, dated 27.08.2012.

There is nothing to interfere with such a direction, as there is no legal infirmity.

Appeal is dismissed, accordingly.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/-

AFR/NAFR       N.A.F.R.
CAV DATE
Uploading Date 20.03.2017
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