ORAL JUDGMENT

Date : 09-01-2024 At the outset, learned counsel for the petitioner seeks permission to make necessary correction in paragraph nos. 1 and 2, as also in the nomenclatures of the respondents, in course of the day.

2. The permission is accorded.

3. Heard Mr. Prashant Kashyap, learned counsel appearing on behalf of the petitioner and Mr. Vinay Kirti Singh, learned senior counsel along with Mr. Akhileshwar Singh, learned counsel representing the South Bihar Power Distribution Company Ltd.

4. The petitioner, claiming himself to be adopted son of Late Indradeo Tiwary, filed the present writ petition seeking a direction upon the respondents South Bihar Power Distribution Company Ltd., hereinafter referred to as “Company”, to ensure the amount of provident fund, group insurance, leave encashment and arrears of salary with increment, along with statutory interest and cost of prolonged litigation.

5. It is submitted on behalf of the petitioner that Late Indradeo Tiwary, was the uncle of the petitioner and, as he was issueless, he adopted the petitioner on 01.01.1989, after following all the rituals. Subsequently, the erstwhile employee also entered the name of the petitioner in the record of GPF No. CAB/4862, and also filed application before the Branch Manager, Punjab National Bank, Belaganj, to add the name of the petitioner, as his nominee. While he was working as lineman, he died on 29.12.2000. After demise of the erstwhile employee, the petitioner obtained succession certificate by filing Succession Case No. 12 of 2001, for withdrawal of the standing amount kept with Punjab National Bank and, on the basis thereof, he also obtained the due salary of the erstwhile employee. Thereafter, the petitioner filed representation for grant of all the terminal dues and when the same has not been accorded, he preferred CWJC No. 6383 of 2001, wherein, the petitioner was directed to approach before the competent Court of Civil jurisdiction for declaration that he is the legally adopted son and sole heir of Late Indradeo Tiwary.

6. In pursuant to the order of the Hon’ble Court, the petitioner preferred Title Suit No. 390 of 2008, for a declaration of he being legally adopted son and sole heir of Late Indradeo Tiwary, which suit, finally decreed in favour of the petitioner declaring him to be adopted son of Late Indradeo Tiwary.

7. On the strength of the aforesaid decree passed by a Civil Court of competent jurisdiction, the petitioner again approached before the respondent Company, however, the request of the petitioner has not been acceded, leading to filing of CWJC No. 5455 of 2010. However, during the course of hearing, the Hon’ble Court taking note of the fact that the petitioner does not appear to be sole claimant of the dues of Late Indradeo Tiwary and accordingly, the writ petition was disposed of, with a liberty to the petitioner to agitate the matter before the appropriate forum, in accordance with law.

8. It is the case of the petitioner that on the representation filed by the petitioner, the Electrical Executive Engineer, Gaya, recommended the case of the petitioner for payment of arrears of retiral dues of late erstwhile employee.

9. The petitioner, in the meantime, having realized that the judgment and decree passed by the Court of learned Sub-Judge – 1, Gaya, did not declare the petitioner to be sole legal heir, has filed Misc. Case No. 14 of 2019, however, the learned Court declined to make any modification, holding it to be time barred, vide order dated 07.09.2019.

10. Aggrieved, the petitioner filed Civil Misc. Case No. 143 of 2020, which has ultimately been withdrawn by the petitioner, with a liberty to avail his remedy for grant of retirement benefits before the competent authority, the copy of which has been brought on record by way of Annexure – 9 to the writ petition. Despite his representation, when request of the petitioner has not been acceded, he again approached this Court by filing the present writ petition.

11. It