Dismissed

Shivnandan Prasad Yadav v. The Regional Director Employees'state Insurance Corpn. and Ors.

Patna HC21 Jul 2015CWJC/15032/2013

Case brief

AI extract

What is this about?

The Patna High Court disposed of a writ petition challenging an insurance matter. The Court allowed a stay on filing until statutory remedies are exhausted and excluded the period spent in litigation from limitation calculations.

What did the court decide?

Writ petition allowed to be disposed of; liberty granted to pursue statutory remedy; period excluded from limitation.

Shivnandan Prasad Yadav Vs The Regional… — Pension and Retirement Benefits | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No. 15032 of 2013

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====================================================== Shivnandan Prasad Yadav son of Late Karamlal Prasad Yadav Resident of Chandra Vihar Colony, P.O. – Ashiyana Nagar, P.S. Rajeev Nagar, District Patna – 800025.

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.... .... Petitioner

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Versus 1. The Regional Director Employees' State Insurance Corpn., Panchdip Bhawan, J.L. Nehru Marg, Patna - 800001 2. The Deputy Director (Legal), Employees State Insurance Corporation, Panchdip Bhawan, J.L. Nehru Marg, Patna - 1 3. The State Medical Commissioner, Employees State Insurance Corporation, Panchdip Bhawan, J.L. Nehru Marg, Patna - 1 4. The Branch Manager, Employees State Insurance Corporation, Kurjee - Digha, Patna - 10 5. The Director, May Flower School, J.P. Nagar, Digha Ghat, Patna 6. The Principal, May Flower School, J.P. Nagar, Patna - 11

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.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar Thakur For the Respondent/s : Mr. Dr. Anshuman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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2. 21-07-2015 At the very outset, Dr. Anshuman, learned counsel, who appears on behalf of respondent/Employees State Insurance Corporation raises a preliminary objection on the point of maintainability of the writ petition. He submits that there is statutory remedy available to the petitioner.

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In view of objection raised by learned counsel for respondent/ESIC, learned counsel for the petitioner makes a prayer for disposal of the writ petition so that the petitioner may avail statutory remedy.

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Patna High Court CWJC No.15032 of 2013 (2) dt.21-07-2015

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2/2

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The prayer is allowed.

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The writ petition stands disposed of with liberty, as indicated above.

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It goes without saying that the period consumed while pursuing the present writ petition i.e. from 05-08-2013 till today shall be excluded while considering the limitation matter.

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(Rakesh Kumar, J.)

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Anay U

Shivnandan Prasad Yadav v. The Regional Director Employees'state Insurance Corpn. and Ors.

Case brief

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Shivnandan Prasad Yadav v. The Regional Director Employees'state Insurance Corpn. and Ors.

Case brief

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What did the court decide?

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