IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17308 of 2021

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Md. Ozair Alam alias Ozair Alam Son of Late Habibur Rahman, Resident of

R.K. Nagar, F.C.I., Road, Phulwarisharif, P.O. and P.S. - Phulwarisharif and

District - Patna.

... ... Petitioner/s

Versus

1.

The Food Corporation of India through its Chairman - Cum - Managing

Director and Ors through the Chairman - Cum - Managing Director, 16-20,

Bara Khambha Lane, New Delhi.

2.

The Chairman - Cum - Managing Director, Food Corporation of India,

Barakhambha Lane, New Delhi.

3.

Executive Director (East Zone), Food Corporation of India, 10-A, Middleton

Row, Kolkata - 71

4.

General Manager, (Region), Food Corporation of India, Regional Office,

Arunchal Bhawan, 3rd and 4th floor, Exhibition Road, Patna - 800001

5.

Divisional Manager, Food Corporation of India, Patna.

6.

Manager (Depot), Food Corporation of India, FSD, Phulwarisharif, Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Mohammed Abu Haidar, Adv.

For the Respondent/s

:

Mr. Prabhakar Tekriwal, Adv.

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2

20-01-2023

Heard learned counsel for the petitioner, counsel for

the Respondents and counsel for the F.C.I. through virtual mode.

The present writ application has been filed for

directing the respondent to provide the present retiral benefits

including gratuity, D.C.R.G., leave Encashment, difference of

pay and E.P.F. amount, pension with interest.

Counsel for the petitioner submits that the petitioner

was in service of the F.C.I. and during his service a

departmental inquiry was initiated against him, in which he was

Patna High Court CWJC No.17308 of 2021(2) dt.20-01-2023

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exonerated on 07.03.2014. Subsequently, the Executive Director

reviewed the decision and directed for fresh inquiry. The

petitioner challenged the same before CWJC 3325 of 2019,

which was allowed on 16.09.2019, in which the action of

reviewing authority was not sustainable and order Annexure – 3

dated 04.01.2019 was set aside.

Counsel for the petitioner submits that being

aggrieved and satisfied by the decision of CWJC 3325 of 2019,

the F.C.I. has preferred L.P.A. no. 1581 of 2019 but the said

L.P.A. was dismissed on 11.01.2023 i.e. during pendency of the

present writ petition.

Counsel for the petitioner submits that in the light of

L.P.A. order, there is no barrier in payment of his entire retiral

dues.

Counsel for the F.C.I. seeks time to file the counter

affidavit but he agrees that L.P.A. filed by the F.C.I., has been

dismissed during the pendency of the present writ petition.

In this view of the matter that this case is filed in the

month of September 2021 but no counter affidavit has been filed

in this case till date and I am of the view that there is no need to

keep this case pending and it is directed to respondent F.C.I. to

assure the payment of the petitioner within 6 weeks from today.

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If the payment of retiral dues not made within 6

weeks then F.C.I. is directed to pay 9% interest on the payable

amount.

With this direction, this writ petition is hereby

disposed off.

ashishsingh/-

(Dr. Anshuman, J.)

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