Dismissed

Premdarshan Singh Diwakar v. The State Of Bihar and Ors.

Patna HC1 Jun 2020CWJC/19273/2017

Case brief

AI extract

What is this about?

The petitioner challenged non-payment of Government Provident Fund dues upon retirement. Evidence revealed some payment was already made. Finding the writ application now infructuous due to partial and assumed full clearance, the court dismissed the petition.

What did the court decide?

The writ application is dismissed as having become infructuous. Liberty to approach competent authority for any balance.

Premdarshan Singh Diwakar Vs The State Of… — Pension and Retirement Benefits | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19273 of 2017

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Premdarshan Singh Diwakar Son of Village-Pipra Khem, P.S. Kalyanpur, District-East Champaran, Presently residing at Braham Asthan Gali, MohNaya Tola, P.S. Kazimohamadpur, District-Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Principal Secretary, General Administration Department, Government of Bihar, Patna

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The Director, G.P.F, Government of Bihar, Patna.

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The District provident Fund Officer, Munger.

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The Registrar General, Patna High Court, Patna.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Sanjay Kumar Tiwari For the Respondent/s : Mr.Manish Kumar - GP4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT

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Date : 01-06-2020

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Heard learned counsel for the petitioner and counsel for the respondents through virtual court proceeding.

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In the present case, the primal issue has been raised with regard to non-payment of G.P.F. amount to the petitioner.

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The petitioner was appointed in the Sub-ordinate Judicial Service, Bihar on the post of Judicial Magistrate on 31.3.1986 and served on different posts of Sub-ordinate Judicial Service and superannuated from Higher Judicial Service serving on the post of Additional District & Sessions Judge, Munger on 31.10.2010.

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Patna High Court CWJC No.19273 of 2017 dt.01-06-2020 2/3

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The petitioner has been paid all his retiral dues except G.P.F. amount which led to filing of the present writ application. The petitioner is also getting his pension.

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From the records, it appears that the application of the petitioner was forwarded to the Director, G.P.F., Government of Bihar, Patna and ultimately the payment of Rs. 21,02,775/- has been made to the petitioner in two installments, the first installment of Rs. 2,73,925/- and the another installment of Rs. 18,28,850/- having been mentioned in paragraph no.16 of the counter affidavit filed by the respondent no.2 and stated that the entire element has been taken into consideration including the upto-date interest.

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In that view of the matter, this writ application does not survive for adjudication as the petitioner has been paid the entire due amount as stated above.

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Accordingly, this writ application is dismissed as having become infructuous.

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However, any amount left to be paid to the petitioner, the petitioner is given liberty to make a proper application for the same giving full details to the competent authority and he will look into the matter and take a decision in accordance with law.

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Patna High Court CWJC No.19273 of 2017 dt.01-06-2020 3/3

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This order has been passed in presence of the learned

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counsel for the State as well as counsel for the Patna High Court.

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(Shivaji Pandey, J)

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rishi/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	02.06.2020
Transmission Date

Premdarshan Singh Diwakar v. The State Of Bihar and Ors.

Case brief

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Premdarshan Singh Diwakar v. The State Of Bihar and Ors.

Case brief

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