Dismissed

Munch Of Retired /dependents Of Deceased Employees and Ors. v. The State Of Bihar and Ors.

Patna HC18 Nov 2016CWJC/10837/2013

Case brief

AI extract

What is this about?

Petitioners, including an unregistered association and several retired employees of BSRTC, challenged an order excluding the Corporation from EPF coverage. The single judge held the association lacked locus standi but examined individual claims. Ultimately, the petition was dismissed because the relief sought was already fully disposed of in a previous Division Bench order.

What did the court decide?

The writ petition was dismissed. The court clarified that no adjudication was made on individual claims, which petitioners may raise separately.

Munch Of Retired /dependents Of Deceased… — Pension and Retirement Benefits | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.10837 of 2013

¶3

===========================================================

¶4

Munch of Retired /Dependents of Deceased Employees, B.S.R.T. Corporation, Pariwahan Bhawan, Birchand Patel Path, Patna, through its Convenor, Kameshwar Prasad Singh, S/O of Late Ram Swaroop Singh, Retired From The Post of Assistant Traffic Inspector on 31.1.2004. From Patna Division, Bihar State Road Transport Corporation, Patna. Resident of Village- Dariyapur, P.S. Fatwah, District- Patna 2. Murli Manohar Singh S/O Late Ram Subhag Singh R/O Village- Jamunipur Church, P.S. Maner, District- Patna. Retired From the Post of Sectional Officer on 30.6.2004, BSRTC, Head Quarter, Patna 3. Shankar Chaudhary S/O Late Anant Chaudhary R/O Village- Hathsarganj, P.S. Hazipur, District- Vaishali. Retired From the Post of Chief Accounts Officer on 31.1.2002, BSRTC, Head Quarter, Patna

¶5

Sadanand Jha S/O Late Mahabir Jha R/O Mohalla- Road No. 26, Rajeev Nagar, P.S. Rajeev Nagar, District- Patna. Retired from the Post of Chief Statician on 30.6.2003, BSRTC, Head Quarter, Patna

¶6

Kishori Prasad S/O Late Lala Prasad R/O Mohalla- Kishan Colony, Anishabad, Near Satyagas Godown, P.S. Phulwari Sarif, District- Patna. Retired from the Post of Officiating Sectional Officer on 31.3.2003, BSRTC, Head Quarter, Patna 6. Ramji Singh S/O Late Dharmdeo Singh R/O Village and P.S. Kundsar, DistrictBhojpur. Retired From the post of Account Officer on 30.4.2002, BSRTC, Head Quarter, Patna

¶7

Alfred Seraphim S/O Late Fransis Seraphim R/O Mohalla, 1/18 Bibekanand Marg, Srikrishnapur- 13, P.S. Srikrishnapur, District- Patna. Retired from the Post of Central C.P.S. on 30.6.2004, BSRTC, Head Quarter, Patna

¶8

Arun Kumar Verma S/O Late Ganga Prasad R/O Mohalla- Chitragupt Nagar, P.S. Kankarbagh, District- Patna. Retired from the Post of Junior Clerk on 31.1.2000, BSRTC, Head Quarter, Patna 9. Jamuna Singh S/O Late Kishun Singh R/O Village- Chauk Sikarpur, Dhanutoli, Patna City P.S. Begampur, District- Patna. Retired from the Post of Senior Typist on 31.6.2000, BSRTC, Head Quarter, Patna

¶9

Surendradeo Singh S/O Late Brajkishore Singh R/O Village- Ram Nagar Basti, Marg New, P.S. Maner, District- Patna. Retired From the Post of Conductor of 31.11.2012, BSRTC, Head Quarter, Patna

¶10

Baiju Raut S/O Late Amir Raut R/O Village- Mahuyaria, P.S. Sheohar, DistrictSheohar. Retired From the Post of Peon on 30.4.2003, BSRTC, Head Quarter, Patna

¶11

Ram Naresh Mandal S/O Late Ram Nandan Mandal R/O Village- Bharthua Tola, P.S. Aurai, District- Muzaffarpur. Retired from the Post of Peon on 28.2.2009, BSRTC, Head Quarter, Patna

¶12

Binod Prasad Sinha S/O Late Sitaram Lal R/O Mohalla- Bundeltoli, P.S. Malsalami, District- Patna. Retired from the Post of T.C. on 31.1.2011, BSRTC, Head Quarter, Patna

¶13

Ramesh Chandra Chaudhary S/O Late Ram Kishun Chaudhary R/O VillageHarigaun, P.S. Belaganj, District- Gaya. Retired From the Post of Deputy Chief Accounts Officer on 23.2.2000, BSRTC, Head Quarter, Patna

¶14

Jagdish Prasad S/O Late Mahabir Prasad R/O Mohalla- Golghar, P.S. Budha Colony, District- Patna. Retired From the Post of Assistant on 31.2.2001, BSRTC, Head Quarter, Patna

¶15

Nityanand Singh S/O Late Ramdhani Singh R/O Village- Karori Chak, P.S. Phulwarisarif, District- Patna. Retired from the Post of Accountant on 31.7.2001, BSRTC, Head Quarter, Patna

¶16

Bhagwanlal S/O Late Ramashray Lal R/O Mohalla- Garahu Chak, P.S.

¶17

Patna High Court CWJC No.10837 of 2013 dt.18-11-2016

¶18

2 / 9

¶19

Hawaladda, District- Patna. Retired from the post of S.W.C. on 31.1.2003, BSRTC, Head Quarter, Patna

¶20

Krishan Kumar Sinha S/O Late Bidayarthi Gurdatt R/O Mohalla- Sultanganj, P.S. Sultanganj, District- Patna. Retired From the post of Senior Clerk on 31.1.2001, BSRTC, Head Quarter, Patna

¶21

Wakil Ahmed S/O Late Nayeemuddin Murli Manohar Singh R/O VillageJalkaura, P.S. Gangaur, District- Khagaria. Retired from the post of Sectional Officer Cum Chief of Administration on 28.2.2009, BSRTC, Head Quarter, Patna 20. Lalan Sharma S/O Late Pran Sharma R/O Mohalla- New Yarpur, P.S. Gardanibagh, District- Patna. Retired from the post of Conductor on 31.1.2008, Bankipur, Patna Division, BSRTC, Patna

¶22

Murari Sharma Singh S/O Late Balbant Singh R/O Village- Jamanipur Charch, P.S. Maner, District- Patna. Retired from the post of Traffic Clerk on 31.10.2002, Arrah Depot, Patna Division, BSRTC, Patna

¶23

Braj Nandan Prasad Singh S/O Late Rajendra Prasad Singh R/O Mohalla4/128, L.I.G.H. Hanuman Nagar, P.S. Hanuman Nagar, District- Patna. Retired from the post of Junior Store Keeper on 31.1.2002, Patna Division, BSRTC, Patna 23. Nand Kishore Singh S/O Late Tapeshwar Singh R/O Village- Ramdauli, P.S. Bidupur Bazar, Retired from the post of Junior Store Keeper on 31.8.2004, Patna Division, BSRTC, Patna

¶24

Kapilmuni Sharma S/O Late Mukhlal Sharma R/O Village- Gorakhari, P.S. Bikram, District- Patna. Retired from the post of Helper on 31.11.2003, Patna Division, BSRTC, Patna

¶25

Chanardip Paswan S/O Late Behtar Paswan R/O Village- Chalwa Pipra, P.S. Parsa Bazar, District- Patna. Retired from the post of Khalasi on 30.4.2002, Bankipur Depot, Patna Division, BSRTC, Patna

¶26

Upendra Kumar Sinha S/O Late Vishwanath Prasad R/O Mohalla- Panchwati Beur Anishabad P.S. Beur, District- Patna. Retired from the post of Traffic Clerk on 30.4.2009, Patna Division, BSRTC, Patna

¶27

Rajwansh Singh S/O Late Indradeo Singh R/O Village- Pararya, P.S. Dawat, District- Rohtas. Retired from the post of Conductor on 31.1.2010, Arrah Dept., Patna Division, BSRTC, Patna

¶28

Suresh Prasad Singh S/O Late Hari Narayan Singh R/O Village- Ram Nagar Diyara, P.S. Athwangola, District- Patna. Retired from the post of Traffic Clerk on 31.8.2011, Patna Division, BSRTC, Patna

¶29

Kumar Birendra Sinha S/O Late Dhannu Sinha C/O Madheshwar Pathak, R/O Village- Jai Prakash Nagar, P.S. Jakkanpur, District- Patna. Retired from the post of Conductor on 28.2.2011, Patna Division, BSRTC, Patna

¶30

Satrughan Prasad Singh S/O Late Kailash Singh R/O Village and P.O. Ram Nagar Diyara, P.S. Athaman Gola, District- Patna. Retired from the post of Conductor on 31.12.2011, Patna Division, BSRTC, Patna

¶31

Sadanand Singh S/O Late Anandi Singh R/O Mohalla- Soragodown, NearNauriganj, P.S. Malsalami, District- Patna. Retired from the post of Machanic-C on 30.6.1997, Bankipur Depot, Patna Division, BSRTC, Patna

¶32

Rajaram Chaudhary S/O Late Nathuni Chaudhari R/O Village, P.O. and P.S. Naubatpur, District- Patna. Retired from the post of Assistant Traffic Inspector on 31.12.2009, Patna Division, BSRTC, Patna

¶33

Md. Habib S/O Late Farjan Mian R/O Village and P.S. Naubatpur, DistrictPatna. Retired from the post of Driver on 30.6.2002, Bankipur Depot, Patna Division, BSRTC, Patna

¶34

Sudarshan Tiwari S/O Late Ramnath Tiwari R/O Mohalla- Ashok Nagar, Road No. 14A, House Nagar 30, RMS Colony, P.S. Kankarbagh, retired on 30.7.2002, Bankipur Depot, Patna Division, BSRTC, Patna

¶35

Dinesh Kumar Singh S/O Late Nandilal Singh C/O Ram Pukar Singh, R/O

¶36

Patna High Court CWJC No.10837 of 2013 dt.18-11-2016

¶37

3 / 9

¶38

D.N.M. School, Bank Road, Muzaffarpur P.S. Town, Retired from the post of Senior Conductor on 31.10.2004, Patna Division, BSRTC, Patna

¶39

Ramadhar Divedi S/O Late Raghunash Dubey R/O Mohalla- Raghunath Tola Anishabad, P.S. Gardanibagh, District- Patna. Retired from the post of Conductor on 31.7.2010, Patna Division, BSRTC, Patna

¶40

Shiv Charan Ram S/O Late Bishun Das R/O Village, P.O. And P.S. Rajgir, District- Nalanda, Retired from the post of Khalashi on 31.1.2001, Patna Division, BSRTC, Patna

¶41

Onkar Saran S/O Late Naga Prasad R/O Mohalla- Chiraiyatarn Bridge, P.S. Kankarbagh, District- Patna. Retired from the post of Works Manager on 30.7.2008, Central Work Shop, Phulwari Sarif, BSRTC, Patna

¶42

Harihar Prasad S/O Late Gajadhar Mahto R/O Mohalla- Ramkrishan Nagar, P.S. Ramkrishan Nagar, District- Patna. Retired from the post of Driver on 31.10.2007, Central Workshop, Phulwari Sarif, BSRTC, Patna

¶43

Ganesh Prasad S/O Late Kameshwar Mahto R/O Mohalla- Purani Jakkanpur, Near D.V.C. Chauraha, P.S. Gardanibagh, District- Patna. Retired from the post of Peon on 31.10.2004, Central Workshop, Phulwari Sarif, Patna

¶44

Suresh Prasad Singh S/O Late Parash Nath Singh R/O Village- Darveshpura, P.S. Saksohara, District- Patna. Retired from the post of Conductor on 01.12.2010, Nawada Depot, Gaya Division, BSRTC, Patna

¶45

Laxman Das S/O Late Rameshwar Das R/O P.S. Vaishali, O.P. Balsa, DistrictVaishali. Retired from the post of Store Keeper on 31.11.2002, Muzaffarpur Division, BSRTC, Patna

¶46

Hari Shankar Prasad Singh S/O Late Babu Nand Lal Singh R/O VillageGangajal Kharka, P.S. Sonepur, District- Chapra (Saran). Retired from the post of Driver on 31.5.2004, Motihari Depot, Muzaffarpur Division, BSRTC, Patna

¶47

Dindayal Mahto S/O Late Badri Mahto R/O Village- Kasmar, P.S. Sonepur, District- Chapra (Saran). Retired from the post of Driver on 31.12.2001, Hazipur Depot, Muzaffarpur Division, BSRTC, Patna

¶48

Mostt. Jira Devi W/O Late Dinanath Singh R/O Kashmar Bazar, P.S. Sonepur, Distt.- Chapra (Saran), her husband was posted as Driver and subsequently retired on 31.11.1994 from Chapra Depot, Chapra Division, Chapra, BSRTC, Patna

¶49

Mostt. Ranjana Devi W/O Late Maya Shankar Maharaj R/O Village- Kharika, P.S. Sonepur, Distt.- Chapra (Saran), her husband was posted as Conductor who died in harness on 23.7.1996 while posted in Muzaffarpur Depot, Division Muzaffarpur, BSRTC, Patna

¶50

Mostt. Janki Devi W/O Late Upendra Pd. Yadav R/O Village- Jahangipur Pateda, P.S. Sarai, Distt.- Vaishali, her husband was posted as Khalasi who died in harness on 31.12.1999 while posted in Muzaffarpur Depot, Division Muzaffarpur, BSRTC, Patna

¶51

Mostt. Shiya Devi W/O Late Janardan Prasad Yadav R/O Village- Jahangipur Pateda, P.S. Sarai, Distt.- Vaishali, her husband was posted as Khalasi who died in harness on 9.2.1997 while posted in Muzaffarpur Depot, Division Muzaffarpur, BSRTC, Patna

¶52

Mostt. Lalti Devi W/O Late Mathura Saran Singh R/O Village- Kasmar, P.S. Sonepur, Distt.- Chapra (Saran), her husband was posted as Conductor who died in harness on 28.5.2005 while posted in Motihari Depot, Division Muzaffarpur, BSRTC, Patna

¶53

Mostt. Shanti Devi W/o Late Tribhuan Thakur R/O Village- Kasmar Bazar, P.S. Sonepur, Distt.- Chapra (Saran), her husband was Posted as conductor who retired from his service on 28.2.2004 while posted in Darbhanga Depot, Division Darbhanga, BSRTC, Patna

¶54

Mahendra Das S/O Late Jagdeo Das R/O Village- Basant Patedha, P.S. Sarai, District- Vaishali. Retired from the post of Peon on 30.11.1997, Muzaffarpur

¶55

Patna High Court CWJC No.10837 of 2013 dt.18-11-2016

¶56

4 / 9

¶57

Division, BSRTC, Patna

¶58

Raghubansh Narayan Singh S/O Late Ram Lakhan Prasad Yadav R/O VillageSalalpur, P.S. Daniyawan, Distt.- Patna, Retired from the post of Conductor on 30.5.2004 while posted in Muzaffarpur Depot, Division, Muzaffarpur, BSRTC, Patna

¶59

Jangbahadur Vidyarthi S/O Late Chandu Prasad R/O Village- Rajapur, P.S. Sarai, Distt.- Muzaffarpur, Retired from the post of Conductor on 30.4.2002 while posted in Muzaffarpur Depot, Division, Muzaffarpur, BSRTC, Patna

¶60

Kapilesh Prasad Singh S/O Late Sukdeo Singh R/O Village- Prabodhi Narendra, P.S. Sarai, Distt.- Vaishali, Retired from the post of Store-Keeper on 30.4.2001 while posted in Muzaffarpur Division, Muzaffarpur, BSRTC, Patna

¶61

Ram Bilash Rai S/O Late Ram Janam Rai R/O Village- Chhota Talpa, P.S. Chhapra Town, Distt.- Chhapra (Saran), Retired from the post of Khalashi on 30.4.1999 while posted in Muzaffarpur, Division Muzaffarpur, BSRTC, Patna

¶62

Nagendra Singh S/O Late Murlidhar Singh R/O Village- Kashmar Bazar, P.S. Sonepur, Distt.- Chhapra (Saran), Retired from the post of Driver on 31.12.1994 while posted in Muzaffarpur Division, Muzaffarpur, BSRTC, Patna

¶63

Sushil Kumar Duwedi S/O Late Pandit Ram Das Duwedi R/O Village, Post and P.S. Guthani, Distt.- Siwna, Retired from the post of Traffic Clerk on 31.10.2003 while posted in Depot, Division Muzaffarpur, Muzaffarpur, BSRTC, Patna

¶64

Kamla Kant Tiwari S/O Late Kashi Naresh Tiwari R/O Village- Ukeena, P.S. Mehrauna, Distt.- Devaria, Retired from the post of Conductor on 31.1.2003 while posted in Depot, Siwan Division, Chhapra, BSRTC, Patna

¶65

Upendra Prasad Singh S/O Late Ram Jatan Singh R/O Village- Sahpur, P.S. Sonepur, Distt.- Chhapra, Retired from the post of Conductor on 31.3.2008 while posted in Muzaffarpur Division, BSRTC, Patna

¶66

Ram Niwas Rai S/O Late Jaduvansi Rai R/O Village- Brahmpur, P.S. Sahar, Distt.- Bhojpur, Retired from the post of Audit Officer on 31.10.2001 while posted in Head Quarter, BSRTC, Patna

¶67

Chandrika Singh S/O Late Ram Balak Singh R/O Village- Govindchak, P.S. Sonepur, Distt.- Chhapra, Retired from the post of Khalashi on 31.1.2003 while posted in Depot, Darbhanga, Division Darbhanga, BSRTC, Patna

¶68

Satrughan Mahto S/O Late Shivlal Mahto R/O Village- Ishmichak, P.S. Sonepur, Distt.- Chhapra, Retired from the post of Khalashi on 30.4.1999 while posted in Depot Darbhanga, Division Darbhanga, BSRTC, Patna.

¶69

Md. Azizuddin S/O Late Mohammad Rafiquddin R/O Village- Dahiyama Chhoti Masjid, P.S. Town Chapra, Distt.- Chhapra, Retired from the post of Senior Foreman on 31.1.1999 while posted in Depot Chhapra, Division Chhapra, BSRTC, Patna

¶70

Sukhdeo Prasad Gupta S/O Late Manikchand Sah R/O Gajadhar School Lane, Prithwipur, (Chiraiyatarn) P.S. Kankarbag, Distt.- Patna, Retired from the post of Arti on 29.2.2000 while posted in Patna Division, BSRTC, Patna

¶71

Gopaljee Upadhaya S/O Late Bishwanath Uppadra R/O Village Post And P.S. Chhitinbar, Distt.- Buxar, Retired from the post of Conductor on 31.12.2002 while posted in Aggripo Depot Jamshedpur, Division Jamshedpur, BSRTC, Patna

¶72

Shankar Prasad Sinha S/O Late Bhagawati Sahay R/O Village + Post- Bihat, P.S. Barauni, Distt.- Begusarai, Retired from the post of office Superintendent on 31.5.2008 while posted in Patna Division, BSRTC, Patna

¶73

.... .... Petitioners

¶74

Versus

¶75

The State of Bihar, through the Principal Secretary, Transport Department, Vishesharaiya Bhawan, Government of Bihar, Patna

¶76

The Bihar State Road Transport Corporation, through the Administrator, Bihar

¶77

Patna High Court CWJC No.10837 of 2013 dt.18-11-2016

¶78

5 / 9

¶79

State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna 3. The Administrator, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna

¶80

The Chief Accounts Officer Cum Secretary Board Of Trustee, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Road, Patna

¶81

The Regional Provident Fund Commissioner, Employees Provident Fund Organization, Bhawishayanidhi Bhawan, R-Block, Road No. 6, P.S. Sachivalaya, Patna

¶82

The Assistant Provident Fund Commissioner, Employees Provident Fund Organization, Bhawishayanidhi Bhawan, R-Block, Road No. 6, P.S. Sachivalaya, Patna

¶83

.... .... Respondents

¶84

=========================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Respondent-BSRTC: Mr. P.K. Verma, Sr. Advocate

¶85

Mr. Suman Kumar Jha, Advocate For the State : Mr. Arun Kumar Sinha, AC to GP-24 For the Respondent nos.5 & 6: Mr. Prashant Sinah, Advocate

¶86

===========================================================

¶87

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT

¶88

Date: 18-11-2016

¶89

Heard learned counsel for the petitioners and the

¶90

State.

¶91

On query, learned counsel for the petitioners submitted that petitioner no.1 Munch of Retired/dependents of deceased employees, Bihar State Road Transport Corporation, Pariwahan Bhawan, Birchand Patel Path, Patna is not a registered and recognized association of employees. The issue of maintainability of a writ petition under Article 226 of the Constitution by unregistered and unrecognized association was considered by the Apex Court in Mahinder Kumar Gupta and others vs. Union of India, Ministry of Petroleum and Natural Gas [(1995) 1 SCC 85] , wherein it was held that a writ petition

¶92

Patna High Court CWJC No.10837 of 2013 dt.18-11-2016

¶93

6 / 9

¶94

filed by an Association, which is not registered is not maintainable.

¶95

In that view of the matter, this Court is of the opinion that petitioner no.1 has got no locus standi to approach this Court under Article 226 of the Constituiton. However, apart from petitioner no.1, 64 individuals have also been made petitioners in the present application. In this regard, it would be relevant to note that initially the Stamp Reporter had pointed out defect that since only one court fee is paid, the petition can not be entertained on behalf of sixty-four petitioners. When the matter came before the Court, a submission was made on behalf of the petitioners that there is challenge to a common notification as contained in Annexure-4 in the writ petition and, as such, in view of Division Bench order in the matter of Smt. Krishna Pati Devi and others vs. State of Bihar and others reported in 1998(2) PLJR 765 only one court fee is sufficient to maintain a writ petition on behalf of 65 petitioners.

¶96

In view of the submission made on behalf of the petitioners, the defect pointed out by the Stamp Reporter was ignored and the matter was listed under the heading ‘For Admission’ vide order dated 17.06.2013.

¶97

The petitioners have prayed for quashing of Letter No. 669 dated 18.09.1992, as contained in Annexure-4 to the present application, issued by the Assistant Provident Fund Commissioner, Patna whereby the State Road Transport

¶98

Patna High Court CWJC No.10837 of 2013 dt.18-11-2016

¶99

7 / 9

¶100

Corporation (for short ‘Corporation’) has been excluded from the Act under Section 16(1) (C) of Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short ‘the Act’) with effect from 01.08.1988.

¶101

Initially, the coverage of the Act was granted to the Corporation in the year 1960. The Corporation framed its own Regulation of Provident Fund and sought exemption from the Act under Section 17. The exemption was granted to the Corporation as the benefits provided under the Regulation were not less favourable than the benefits provided under the Act. Later on, when certain contribution of administrative charges were not remitted in the account of the Employees Provident Fund Organization (for short ‘EPFO’) by the Corporation, the EPFO issued notice under Section 8(f) of the Act on 5^th February, 1992 with a direction to the Manager, Bank of Baroda, Dak Bunglow, Patna to not to make any payment out of the amount lying in the credit in the account of the Corporation being maintained by the Bank. The Bank was further directed to transfer the amount in the credit of Regional Provident Fund Commissioner, Bihar Patna. The Corporation challenged the aforesaid notice under Section 8(f) of the Act before this Court by filing a writ petition bearing C.W.J.C. No. 1803 of 1992 which was disposed of vide order dated 27.03.1992. The operative part of the order is as under :-

¶102

Patna High Court CWJC No.10837 of 2013 dt.18-11-2016

¶103

8 / 9

¶104

“In our opinion, in view of the said Regulation and in view of the amended provision of Section 16 (1) (C) of the Act, as amended by Act 33 of 1988 the Petitioner-Corporation was fully covered by the said Section 16 (1) (C) of the Act and from the said amending Act coming into force the said act was not applicable to the Petitioner-Corporation. Accordingly, no such notice could be issued under the provisions of Section-8 (f) of the said Act. The same was without jurisdiction. Accordingly, we quash the same. The application is allowed accordingly.”

¶105

In the light of the order passed by this Court in C.W.J.C. No. 1803 of 1992, it would be evident that the Act is not applicable to the Corporation and in view of the observation made as well as the provision contained in Section 16(1)(C) of the Act, it was excluded from the purview of the Act with effect from 01.08.1988 and the same has been communicated to the Corporation through Letter No. 669 dated 18.09.1992 issued under the signature of the Assistant Provident Fund Commissioner, (P & A), Bihar, Patna as contained in Annexure-4 to the present application, which is under challenge in the present application.

¶106

Since the Letter No. 669 dated 18.09.1992 has been issued in view of the order passed by a Division Bench of this Court, I see no merit in the present application until the order

¶107

Patna High Court CWJC No.10837 of 2013 dt.18-11-2016

¶108

9 / 9

¶109

passed by the Division Bench is upset or reviewed.

¶110

At this stage, learned counsel for the petitioners has tried to press the application with respect to pension/family pension along with arrears to the petitioners.

¶111

In my opinion, once the petitioners had confined their prayer to the challenge of Annexure-4 only in order to avoid payment of court fee in respect of other petitioners, at a subsequent stage, they can be allowed to address the court in respect of their individual claims.

¶112

Accordingly, the writ petition is dismissed.

¶113

It is made clear that this Court has not adjudicated individual claims of the petitioners raised in the petition.

¶114

The petitioners, if so advised, would be at liberty to raise their individual grievances separately in accordance with law.

¶115

Sanjeet/-		(Ashwani Kumar Singh, J.)
AFR/NAFR	NAFR
CAV DATE	------
Uploading Date	23.11.2016
Transmission	23.11.2016
Date

Munch Of Retired /dependents Of Deceased Employees and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Munch Of Retired /dependents Of Deceased Employees and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Govind Das Vs The Patna Municipal Corporation and Ors.

Shailendra Prasad Singh Vs The State Of Bihar and Ors.

Shanti Devi Jha Vs The State Of Bihar and Ors.

Ganpati Mishra Vs The State Of Bihar and Ors.

Most Raj Kumari @ Raj Kumaria Vs The Patna Municipal Corporation and Ors.

Chandra Deo Sharma Vs The State Of Bihar and Ors.