The High Court disposed of a writ petition by the petitioner seeking payment of G.P.F., Gratuity and Leave encashment for the period 2009-2012, instead of directing payment, issued liberty to approach the District Magistrate.
Liberty to approach District Magistrate, Nawada with representation for payment of G.P.F., Gratuity and Leave encashment.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5090 of 2021
======================================================
Vijoy Kumar Son of Chandrashekhar Singh Resident of Machharhatta Gali Mahraj Ki Dyori, Police Station- Khajekala, Patna City, District- Patna
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Bishwa Nath Upadhyay, Adv. For the Respondent/s : Mr. Asit Kumar Jha, AC to G.P. 2 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
5 24-08-2022
The claim of the petitioner is that though he had joined the regular Establishment i.e. the office of the Child Development Project Officer, Kavakol, Nawada in the year 2009 and thereafter he retired in the year 2012 but for the said period, the petitioner has not been paid the amounts of G. P.F., Gratuity and Leave encashment, hence appropriate directions be given for payment of the same.
Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with liberty to the petitioner to approach the District Magistrate, Nawada by filing appropriate representation within
Patna High Court CWJC No.5090 of 2021(5) dt.24-08-2022 2/2
a period of three weeks from today, which shall be considered in accordance law and disposed of by the District Magistrate, Nawada within a period of eight weeks, thereafter.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
Tiwary/-
U
1 issue framed by the court
Whether the petitioner is entitled to direct payment of G.P.F., Gratuity and Leave encashment arrears from 2009 to 2012 without exhausting departmental remedies.
Vijoy Kumar Son of Chandrashekhar Singh
The State of Bihar Through the Principal Secretary, Government of Bihar, Patna
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
