Disposed

Radhey Shyam Singh v. Bihar State Co. Operative Marketing Union Ltd. and Ors.

Patna HC26 Nov 2018CWJC/54/2018

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AI extract

What is this about?

Petitioner, a retired employee, sought post-retiral benefits via a writ petition. The High Court, while noting a precedent suggesting such writs are generally not maintainable against the respondent, disposed of the petition by directing the authority to settle the claim within a reasonable time frame based on a prior order.

What did the court decide?

Writ petition disposed of by direction to consider petitioner's claim and settle it within a reasonable time frame.

Radhey Shyam Singh Vs Bihar State Co… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.54 of 2018

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Radhey Shyam Singh, son of Late Jagnarain Singh, resident of VillageTendua, P.S. Sanjauli and District Rohtas and was posted at Rice Mill, Bikramganj, Biscomaun, as Atttendent. Petitioner/s

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Versus

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Bihar State Co Operative Marketing Union Ltd. Through its Chairman, Biscoumaun Bhawan, Patna.

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Chairman, Bihar State Co-operative marketing Union Ltd. Biscomaun Bhawan, patna.

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Managing Director, Bihar State Co-operative marketing union ltd. Biscomaun Bhawan, patna.

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Chief of Accounts, Bihar State Co-operative marketing union Ltd., Biscomaun Bhawan, patna. ... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Mohammed Abu Haidar For the Respondent/s : Mr. Vikas Kumar

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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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2 26-11-2018

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Bihar State Co-operative Marketing Union Limited (hereinafter referred to as Biscomaun).

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Petitioner was posted as Blower Attendent at rice mill Biscomaun and superannuated on 31.08.2012. Petitioner prays for post-retiral benefits since he retired from the services of Biscomaun.

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Learned counsel appearing on behalf of Biscomaun submits that the writ application is not maintainable as special Bench of this Court in the case of the Organizer, Dehri C.D. & C.M. Union Limited Vs. The State of Bihar(Special Bench) reported in 2014 (1) PLJR 695 has held that the writ application under Article 226 of the Constitution of India is not maintainable at the first instance against respondent no. 1 and 2.

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However, considering the prayer of the petitioner, this writ

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Patna High Court CWJC No.54 of 2018(2) dt.26-11-2018 2/2

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application is disposed of in terms of the order passed in CWJC No. 17877 of 2016 dated 20.07.2017 in the case of Chandra Kishore Chaudhary Vs. Bihar State Co-operative Marketing Union Limited and others, following the order dated 12.05.2016 passed in CWJC No. 9190/2014 (Harindra Chaudhary Vs. State of Bihar and Ors. which read as follows:-

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“On an application being filed by the petitioner with regard to his claims he is retiree of 2008, the same will be considered and the settlement will be made within a reasonable time frame keeping in mind the chronological order, which is maintained.

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Writ stands disposed of.”

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Without expressing any opinion with regard to maintainability with the writ application against Biscomaun in view of the judgment reported in the Case of the Organizer, Dehri C.D. & C.M. (Supra), the writ petition is disposed of in terms of the aforesaid order.

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(Nilu Agrawal, J)

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sushma2203/- U

Radhey Shyam Singh v. Bihar State Co. Operative Marketing Union Ltd. and Ors.

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Radhey Shyam Singh v. Bihar State Co. Operative Marketing Union Ltd. and Ors.

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