High CourtsDivision Bench(2002) 10 PAT CK 0025

Sri Madan Mohan Singh vs Union of India (UOI) and Others

Patna High Court · Decided on 10 October 2002 · Citation: (2003) 1 PLJR 252

HON’BLE JUDGES
Ravi S. Dhavan, C.J · R.N. Prasad, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 170 of 2001

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Judgment

7 paragraphs · 250 words
1.

Heard counsel for the Appellant.

2.

The order challenged is dated 6 December, 2000 on C.W.J.C. No. 12556 of 2000: Madan Mohan Singh v. The Union of India and Ors.

3.

The Petitioner contended that his father had joined the North Frontier Railway in 1941 as a constable and continued in service until 1976 when he retired. The Petitioner''s father died in 1977. The provident fund dues for the period 1955 to 1976 with the North Eastern Railways were paid to the Petitioner''s father.

4.

Now the Petitioner submits that money claims, being provident fund for the period between 1941 to 1955 has not been paid. In so far as 1941 is concerned, it appears that the Petitioner was not even born at that time. In so far as the other period is concerned, yet a claim had not been laid by anybody for the last 45 years. Secondly, even the Petitioner seeks to reopen matters 23 years after the death of his father. In these circumstances, the learned Judge was of the opinion that these claims firstly cannot be granted in a writ petition and secondly in any case the writ petition had been filed belatedly before the High Court.

5.

Further counsel appearing for the North Eastern Railways states that a sum of Rs. 9080/- representing this period, that is, 1941 to 1955 has also been paid.

6.

This Court has no reason to interfere with the order dated 6 December, 2000 challenged in this appeal.

Dismissed.