Disposed

Indra Narayan Singh v. the State of Bihar and Ors.

Patna HC9 Apr 2014MJC/2501/2012

Case brief

AI extract

What is this about?

This oral order disposed of a contempt petition filed for alleged disobedience of a writ order directing payment of gratuity and GPFAm排序。The court observed that the respondents had filed a show cause stating that most dues were already paid and granted the petitioner liberty to challenge the specific order passed by the Director. Consequently, the court held suspension unnecessary and disposed of

What did the court decide?

Liberty to the petitioner to avail appropriate remedy against the order dated 30.3.2012 passed by the Director (Terminal Benefits).

Indra Narayan Singh Vs the State of Bihar and… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2501 of 2012

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====================================================== Indra Narayan Singh , aged about - 62 years, Retired Draftsman, Gr. I, Saharsa Electrical Circle, son of Late kuldip Prasad Singh, Jai prabha nagar, Kayastha toli, Eastern Side , P.O. +P.S.+District - Saharsa .... .... Petitioner Versus 1. The State of Bihar through Secretary, Energy Department, Sichai Bhawan, Secretariat, Patna-1. 2. Sri K.K. Verma, Secretary, Bihar State Electricity Board (now its holding company)Vidyut bhawan, Bailey Road, Patna. 3. Sri Pramod Tiwary, Director Terminal Benefit, Bihar State Electricity Board (now its holding company) Vidyut Bhawan, bailey Road, Patna.

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.... .... Respondents/O.Ps. ====================================================== Appearance : For the Petitioner : For the Respondents/ O.Ps. :

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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2 09-04-2014 Heard learned counsel for the petitioner and Smt. Neelu Agrawal, learned counsel, for opposite party / officials of the Bihar State Electricity Board.

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The present petition, was filed with a prayer to initiate contempt proceeding against opposite parties, on an allegation of willful disobedience to the order dated 8.9.2011 passed in C.W.J.C. No. 14649 of 2011. By the said order, while disposing of the writ petition, this court had directed the respondents to pay gratuity as well as G.P.F. amount along with admissible statutory interest. Regarding payment of interest on G.S.S., petitioner was granted liberty to file representation.

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Patna High Court MJC No.2501 of 2012 (2) dt.09-04-2014

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2/2

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In this case a detailed show cause has been filed on behalf of opposite party no. 2 and 3 and it has been specifically stated that G.P.F. along with statutory interest has already been paid. Regarding gratuity, out of sanctioned amount of Rs. 5,90,733/-, Rs. 3,50,000/- has already been paid. Regarding payment of interest on G.S.S., it has been indicated that 10 % interest has been paid. Besides this, a reasoned order has also been passed, which has been enclosed as Annexure - “A” to the show cause filed by opposite party no. 2 and 3. Regarding payment of remaining amount of gratuity, it has been stated that on availability of fund same will be paid to the petitioner.

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In view of the facts particularly the averments made in the show cause, there is no need to keep the matter pending. If the petitioner feels aggrieved with the order passed by the Director (Terminal Benefits), i.e. order dated 30.3.2012 (Annexure –“A” to the show cause), the petitioner would be at liberty to avail appropriate remedy

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The petition stands disposed of.

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(Rakesh Kumar, J)

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Praful/-

Indra Narayan Singh v. the State of Bihar and Ors.

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Indra Narayan Singh v. the State of Bihar and Ors.

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