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Patna High Court

Most. Anita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must seek any pending ESIC benefits by filing an application, and her compensation claim should be pursued against the employer or competent authority, leading to the disposal of the writ petition.

Summary

Anita Devi filed a writ petition seeking the family pension ordered by the Employees' Provident Fund Organisation and a compensation of Rs.4 lakh under the National Disaster Programme after her husband's death. The State contended that her husband was not a direct employee of South Bihar Power Distribution Company Limited (SBPDCL) but worked for an outsourcing agency, Balaji Electricals, and that EPF and pension amounts had already been paid, with only an Employees' State Insurance Corporation (ESIC) claim pending. The Court observed that the petitioner should file an application with ESIC for any pending insurance benefits and, if due, the corporation must pay them with statutory interest. Regarding the compensation claim, the Court directed the petitioner to approach the employer‑company or the appropriate authority for redress. Consequently, the writ petition was disposed.

Issues considered

  • Whether the petitioner is entitled to the family pension under the EPF scheme despite the husband's outsourcing status.
  • Whether the petitioner can claim compensation under the National Disaster Programme for the husband's accidental death.
  • Whether the ESIC is liable to pay pending insurance benefits to the petitioner.

Legislation cited

Subjects

  • family pension
  • EPF
  • ESIC
  • outsourcing employment
  • compensation
  • National Disaster Programme
  • writ petition
  • high court

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12246 of 2023
     ======================================================
     Most. Anita Devi W/o Late Rajesh Kumar Roy, Resident of Feri Road Brari,
     P.S. Barari, District Bhagalpur.

                                                               ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through Secretary Department of Electricity, Energy
     Bihar Patna.
2.   The Treasury Officer, Bhagalpur District.
3.   The Executive Engineer, South Bihar Power Distribution Company Patna.
4.   The Assistant Eelctrical Engineer, Electric Supply Sub-Division Tilkamanjhi
     Bhagalpur.
5.   The District Magistrate, Bhagalpur.
6.   Employee Provident Fund Officer, Bhagalpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Anupa Nand Jha, Adv.
     For the State          :     Mr.Subhash Pd. Singh, GA 3
     For the SBPDCL         :     Dr. Anand Kumar, Adv.
                                  Mr. Rajan Prakash, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 23-06-2026

                    Learned Advocates for the respective parties are

      present.

                    2. It is submitted by the learned Advocate for the

      petitioner that despite the Pension Payment Order issued by the

      Employees’ Provident Fund Organization in short ‘EPFO’), the

      petitioner is not getting her family pension, besides the

      petitioner has not been allowed compensation amount of Rupees

      Four Lakhs under the National Disaster Programme.

                    3. Learned Advocate for the State, Mr. Subhash
Patna High Court CWJC No.12246 of 2023 dt.23-06-2026
                                           2/3




         Prasad Singh, GA 3 as well as Mr. Rajan Prakash, learned

         Advocate for the South Bihar Power Distribution Company

         Limited (in short ‘SBPDCL’) submit that the husband of the

         petitioner was not employed under the Company, rather he was

         an employee of the outsourcing agency, namely, M/s Balaji

         Electricals, Amarpur, Banka and it has been intimated that the

         petitioner has already been paid the EPF amount and pension.

         Only payment payable under Employees’ State Insurance

         Corpoation (in short ‘ESIC’) is pending and in this regard an

         application has been submitted before the office of the ESIC,

         Bhagalpur but there is no information regarding final outcome.

                     4. Taking note of the aforesaid fact that the petitioner

         has already been paid the amount of Employees Provident Fund

         and pension; so far insurance amount is concerned, the same is

         to be paid by the ESIC, this Court deems it fit and proper to

         direct the petitioner to file an appropriate application before the

         concerned authority. In case such application is filed, it shall be

         duly considered by the Corporation and if any amount has not

         been paid under the Employees Insurance, the same shall be

         paid to the petitioner without any further delay with statutory

         interest, if applicable.

                     5. So far the claim of the petitioner with regard to the
             Patna High Court CWJC No.12246 of 2023 dt.23-06-2026
                                                        3/3




                      compensation is concerned, since the husband of the petitioner

                      was rendering his services through outsourcing agency, namely,

                      M/s Balaji Electricals, Amarpur, Banka, the petitioner may

                      approach before the Employer-Company or the competent

                      authority for redressal of her grievance with regard to

                      compensation on account of accidental death of her husband.

                                  6. With the aforesaid directions and observations, the

                      present writ petition stands disposed.




                                                  (Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date           24 .06.2026
Transmission Date


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