RAM ASHISH SINGH Vs. RAMAWATI DEVI

JUDGEMENT

(1.) Heard learned Counsel appearing for the Petitioner and learned Counsel appearing for Respondents.

(2.) Learned Counsel appearing for Petitioner submits that when late Chabila Singh, Ex-Junior Lineman died, a claim was made by Ramawati Devi, who happens to be the wife of the Petitioner for payment of 50% of the proceeds of the provident fund amount, but when it was not paid, Ramawati Devi filed a Writ Application before the Patna High Court vide C.W.J.C. No. 10528 of 2001 whereby order was passed on 19.10.2001 to approach the General Manager-Chief Engineer, J.S.E.B. Bhagalpur Region for payment of 50% of the proceeds of the G.P.F. relating to late Chabila Singh and the concerned Respondent was directed to take a decision in the matter of the payment of 50% of the proceeds of the G.P.F.

(3.) When no order was passed in respect of payment of the 50% of the proceeds of the G.P.G., Ramawati Devi again filed a Writ Application before the Patna High Court vide C.W.J.C. No. 1344 of 2003, which was disposed of on 30.07.2003, directing the Respondents again to consider the claim of the Ramawati Devi. However, when this Petitioner came to know that said Ramawati Devi has got those two orders passed by suppressing the material facts, a Civil Review Application bearing Civil Review No. 139 of 2002 was preferred before the Patna High Court, which was disposed of on 14.07.2004, by modifying the order passed in C.W.J.C. No. 1344 of 2003, to the extent that the concerned authorities shall now consider the claim of the Petitioner for retiral dues in respect of late Chabila Singh as well as the claim of the Opposite Party No. 1 (Ramawati Devi) as per law considering the subsequent materials brought before this Court i.e. probate granted by the Civil court on 29.07.2000 in favour of the Petitioner. It was further pointed out that in spite of that, Ramawati Devi filed a Writ Application bearing W.P.(S) No. 5585 of 2004 before this Court claiming 50% of the proceeds of the Provident Fund Amount, which was disposed of on 28.10.2004, without giving notice to the Petitioner whereby direction was given to the General Manager-cum-Chief Engineer, Dumka to consider the claim of the Petitioner within a period of two months from the date of receipt/production of a copy of this order.