Disposed¶22

Braj Kishor v. The State of Bihar

Patna HC19 Jan 2024CWJC/1244/2022

Case brief

AI extract

What is this about?

Retiral dues; pension; gratuity; leave encashment; G.P.F.; terminal benefits; delay and laches; representation; reasoned and speaking order; three months; Giridih Police Force; superannuation 1993; employee died 2003; widow denied benefits; Patna High Court; CWJC No. 1244 of 2022; Harish Kumar, J.; disposed with direction to Inspector General of Police, Bihar.

What did the court decide?

Direction to respondent No. 2 to consider the petitioner's representation regarding retiral dues and dispose of it by a reasoned and speaking order within three months from receipt/production of a copy of the order. ¶22

Braj Kishor Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1244 of 2022

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Braj Kishor S/o Late Ram Bachan Ram Resident of Mohalla New Area near Balram Singh Pipe Factory Dehri-on-Sone, District- Rohtas.

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... ... Petitioner

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Versus

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The State of Bihar through its Secretary, Home Department, Government of Bihar.

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The Inspecetor General of Police, Government of Bihar, Patna.

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The Deputy Inspector General of Police, Patna, Bihar.

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... ... Respondents

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====================================================== Appearance : For the Petitioner/s : Ms. Sunita Kumari, Advocate For the Respondent/s : Mr. Manish Kumar, G.P.-4 Mr. Manoj Kumar, AC to GP-4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

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2 19-01-2024

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Heard Mrs. Sunita Kumari, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned counsel representing the State.

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The petitioner claiming himself to be son of late

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Ram Bacchan Ram, who superannuated on 31.01.1993 and subsequently died on 19.04.2003, has filed the writ petition seeking a direction upon the respondents to ensure payment of all admissible pension, gratuity, leave encashment G.P.F. and other retiral dues.

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It is submitted on behalf of the petitioner that the father of the petitioner was posted at different places during his service carrier and since the time of his retirement, he remained under prolonged, illness and confined to bed and lastly died on

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Patna High Court CWJC No.1244 of 2022(2) dt.19-01-2024 2/2

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19.04.2003, but no claim for retiral benefit has been accorded nor any other admissible dues has been paid to him. In course of time even the wife of the erstwhile employees has also died without getting any terminal benefit of her late husband.

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At this stage, learned counsel for the State submits that admittedly the father of the petitioner had superannuated on 31.01.1993 from the Giridih Police Force and thereafter, he never approached before any authorities concerned and after 30 years of his retirement the present writ petition is being filed. Thus, the same is fit to be dismissed on account of delay and laches.

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Be that as it may, considering the fact that the petitioner has already made representation before the respondent No. 2, let the respondent No. 2 consider the same and dispose of by the reasoned and speaking order within a period of three months from the date of receipt/ production of a copy of this order.

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This writ application stands disposed of.

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(Harish Kumar, J)

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shweta/-

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Braj Kishor v. The State of Bihar

Case brief

What is this about?

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Braj Kishor v. The State of Bihar

Case brief

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