Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3550 of 2013 ====================================================== Sukhdeo Bhagat S/o Late Lattu Das permanent resident of Village- Laxmipur, P.S.-Laxmipur, District-Jamui. Presently residing at Mohalla- Maurya Nagar Colony, Salepur, P.O.- Mirjanhat, P.S.- Mojahidpur, District- Bhagalpur Versus .... .... Petitioner/s 1. The State of Bihar 2. The Commissioner cum Welfare Secretary Ministry of Welfare, Bihar, Patna 3. Bihar State Scheduled Caste Co-operative Development Corporation Ltd., Patna through its Managing Director, Malyanil Bhawan, Budha Budha Colony, Patna 4. The Secretary Bihar State Scheduled Caste Co-operative Development Corporation Ltd., Patna, Malyanil Bhawan, Budha Colony, Patna 5. The District Executive Officer, Bhagalpur 6. The Regional Provident Fund Commissioner, Bihar, Patna .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s Mr. S. K. Ghosarvey, Advocate For the Respondent Nos. 3 to 5: Mr. R.S. Pradhan, Sr. Advocate Mr. Jainandan Kumar, Advocate For the Respondent No. 6 Mr. Prashant Sinha, Advocate Mr. Ram Binod Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 3 09-04-2013
Legal Reasoning
Heard the parties. In compliance of the Courts’ order dated 4.3.2013 a counter affidavit on behalf of the respondent nos. 3 to 5 is being filed today during the course of the proceeding, after service of copy on the learned counsel for the petitioner. Let it be kept on record. The petitioner has approached this Court under Article 226 of the Constitution of India for various reliefs enumerating in Patna High Court CWJC No.3550 of 2013 (3) dt.09-04-2013 2/5
Decision
para-1 of the writ petition, which reads as follows: “1. That this writ application is being filed for direction, orders or an appropriate writ preferably in the nature of Mandamus for the following reliefs:- (i) Direction to the respondents to pay withholds dues of salary of seven month in the year 2004- 2005. (ii) Direction to the respondents for arrears of differences of salary on the basis of annual increment since 2001. (iii) Direction to the respondents to pay the arrears of differences of salary on the revised pay scale on the basis of Fifth Pay commission since 01.01.1996. (iv) Direction to the respondents for payment of admitted 50% dearness allowances since 01.01.2005. (v) Direction to the respondents to pay the salary of two years from 01.07.2007 to 30.06.2009 in view of order dated 13.05.2010 in CWJC No. 11222/2009 and order dated 28.06.2011 in LPA No. 1059/2010 passed by this Hon’ble court. (vi) Direction to the respondents to pay the arrears of salary on the revised pay scale on the basis of Sixth Pay Commission since 01.01.2007. (vii) Direction to the respondents to pay the interest at the rate of 18% on the delayed payment of arrears of salary despite the order of this Hon’ble court. Any other relief or reliefs to which the petitioner is entitled may kindly be given.” Learned counsel for the petitioner submits that the petitioner was appointed as Field Organiser by the competent authority of the respondent-Bihar State Scheduled Caste Co- operative Development Corporation Ltd, Patna (in short Corporation). He contends that the petitioner superannuated from Patna High Court CWJC No.3550 of 2013 (3) dt.09-04-2013 3/5 service as Field Supervisor from Bhagalpur Branch, Bhagalpur. It is case of the petitioner that despite superannuation of the petitioner from service of the respondent-Corporation, and despite filing of several representations before the competent authorities of the respondent-Corporation, neither his valid grievances are being redressed by making payment of admitted dues nor his representations are being disposed of. It is highlighted that even order dated 13.5.2010 passed in CWJC No. 11222 of 2009 by a learned Single Judge of this Court granting him certain financial benefits is not being complied with by the respondents, putting the petitioner in great financial hardship and difficulty. Learned Senior counsel appearing on behalf of the respondent nos. 3 to 5 by referring to averments made in the counter affidavit submits that steps have already been taken for redressal of the valid grievances of the petitioner. However, he submits that if the petitioner files an exhaustive representation detailing all the claims with all supporting documents before the Managing Director of the respondent-Corporation, then the same shall be considered and decided in accordance with law, and the admissible dues shall be paid to the petitioner within a reasonable period of time fixed by this Court. After having heard the parties and on consideration of Patna High Court CWJC No.3550 of 2013 (3) dt.09-04-2013 4/5 the materials available on record as also in view of the nature of claims raised on behalf of the petitioner, this Court is of the opinion that no useful purpose will be served by keeping this matter pending any longer before this Court. However, interest of justice would be sub served if the petitioner is granted liberty to file a detailed representation with all supporting documents before the Managing Director of the respondent-Corporation raising all the pleas, which have been raised in the present proceeding. It is ordered accordingly. If such an exhaustive representation is filed on behalf of the petitioner detailing all the claims, supported by the relevant documents and with a certified copy of the present order, within a period of one month from today, then the Managing Director of the respondent-Corporation shall be obliged to consider and decide the claims of the petitioner by a reasoned and speaking order strictly in accordance with law. If on consideration of the materials the Managing Director of the respondent-Corporation comes to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then he shall further be obliged to issue consequential order for grant of admissible reliefs to the petitioner without any unnecessary delay. It goes without saying that the order passed by the Patna High Court CWJC No.3550 of 2013 (3) dt.09-04-2013 5/5 learned Single Judge of this Court in CWJC No. 11222 of 2009 shall be positively complied with within a maximum period of three months, if not reversed or stayed in LPA, which is said to be pending before a Division Bench of this Court. Entire exercise with respect to other claims raised in the present proceeding must be completed by the Managing Director of the respondent Corporation within a maximum period of six months from the date of filing of the representation by the petitioner. The present writ petition stands finally disposed of with the observations and directions made above. RPS/- (Birendra Prasad Verma, J)