Patna High Court
Most. Anita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
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
- Employees' Provident Funds Act, 1952
- Employees' State Insurance Act, 1948
- National Disaster Management Act, 2005
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
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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
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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/-
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CAV DATE
Uploading Date 24 .06.2026
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