Dismissed¶27

Md. Kitabuddin v. The State of Bihar

Patna HC20 Aug 2024CWJC/6545/2021

Case brief

AI extract

What is this about?

Patna High Court; CWJC No.6545 of 2021; Harish Kumar, J; 20-08-2024; provident fund; PF deduction; deceased Assistant Teacher; Primary School Sandalpur-II; Block Amnour; Saran at Chhapra; Bihar Education Department; District Programme Officer (Establishment); District Provident Fund Officer, Muzaffarpur; stale claim; non-appearance; dismissal for non-prosecution; liberty to approach respondents 7 and 8; Jamratan Khatoon; Md. Kitabuddin; 04.03.1975 to 15.07.1981.

What did the court decide?

Dismissed for non-prosecution, with liberty to the petitioners to approach respondent no. 7 (District Programme Officer (Establishment), Saran at Chhapra) and respondent no. 8 (District Provident Fund Officer, Muzaffarpur), who shall consider their claim and take appropriate action. ¶27

Md. Kitabuddin Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the petitioners are entitled to payment of the provident fund amount deducted from the salary of the deceased erstwhile employee (who worked as an Assistant Teacher in Primary School, Sandalpur-II, Block Amnour, Saran) for the period 04.03.1975 to 15.07.1981. +1 more

¶25

Court's answer

Liberty was granted to the petitioners to approach respondent no. 7 (District Programme Officer (Establishment), Saran at Chhapra) and respondent no. 8 (District Provident Fund Officer, Muzaffarpur), who shall consider their claim and take appropriate action.

¶27

Ratio / Principle

Since there was no one to represent the petitioners, the writ petition stood dismissed for non-prosecution.

¶27

Detailed headnote1 paragraphs

PATNA HIGH COURT (Harish Kumar, J) - Civil Writ Jurisdiction Case No.6545 of 2021, decided 20-08-2024. Petitioners, being the widow, sons and a daughter-in-law connected to Late Md. Kitabuddin, an erstwhile Assistant Teacher in Primary School, Sandalpur-II, Block Amnour, Saran, sought payment of provident fund deducted from the employee's salary for the period 04.03.1975 to 15.07.1981. Learned Advocate for the State submitted that the claim was quite stale and that the petitioners may approach respondent nos. 7 and 8. As none appeared for the petitioners on 20-08-2024 (nor on 17.05.2024), the Court dismissed the writ petition for non-prosecution, granting liberty to the petitioners to approach respondent no. 7, the District Programme Officer (Establishment), Saran at Chhapra, and respondent no. 8, the District Provident Fund Officer, Muzaffarpur, who were directed to consider their claim and take appropriate action. The merits of the provident fund claim were not decided.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6545 of 2021

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

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1.1. Jamratan Khatoon, Wife of Late Md. Kitabuddin Resident of Village + P.O.Kerwan, P.S.- Ishuapur, Districrt- Saran at Chhapra.

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1.2. Md. Abbas Son of late Md. Kitabuddin Resident of Village + P.O- Kerwan, P.S.- Ishuapur, Districrt- Saran at Chhapra.

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1.3. Akhtar Parwez Son of Late Md. Kitabuddin Resident of Village + P.OKerwan, P.S.- Ishuapur, Districrt- Saran at Chhapra.

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1.4. Javed Miandad Son of Late Md. Kitabuddin Resident of Village + P.OKerwan, P.S.- Ishuapur, Districrt- Saran at Chhapra.

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1.5. Ajbun Khatoon Wife of Shahadat Hussain Resident of Village- Asaiyan, P.O. and P.S.- Marhaurah, District- Saran at Chhapra.

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... ... Petitioner/s

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Versus

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1. The State of Bihar through Principal Secretary Education Departmnet, Government of Bihar, Patna.

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The Principal Secretary, Education Department, Government of Bihar, Patna.

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The Director, Primary Education, Patna.

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The Director, Secondary Education, Patna.

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The Regional Deputy Director of Education, Saran at Chhapra.

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The District Education Oficer, Saran at Chhapra.

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The District Programme Officer (Establishment) Saran at Chhapra.

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The District Provident Fund Officer, Muzaffarpur.

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The District Education Officer, Muzafarpur.

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The District Education Officer, Vaishali.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Madhaw Prasad Yadaw, GP- 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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8 20-08-2024 None appears on behalf of the petitioners.

¶23

Earlier also when the matter was taken up on 17.05.2024, there was none to represent on behalf of the petitioners.

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Patna High Court CWJC No.6545 of 2021(8) dt.20-08-2024 2/2

¶25

The grievance of the petitioners is confined to payment of provident fund amount of the erstwhile employee for the period 04.03.1975 to 15.07.1981, which was deducted from the salary of the employee, while he was working as an Assistant Teacher in Primary School, Sandalpur-II, Block Amnour, Saran.

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Learned Advocate for the State submits that the claim of the petitioners is quite stale and if the grievance of the petitioners has not been redressed, they may approach before the respondent nos. 7 and 8.

¶27

Be that as it may, considering the fact that there is none to represent the petitioners, the writ petition stands dismissed for non-prosecution with liberty to the petitioners to approach before the respondent nos. 7 and 8, who shall consider their claim and take appropriate action.

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(Harish Kumar, J)

¶29

uday/-

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Md. Kitabuddin v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Kitabuddin v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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