Suresh Sharma @ Suresh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2212 of 2019 ====================================================== Suresh Sharma @ Suresh Singh S/o Late Harweshwar Singh Resident of Village-Nwajgarh,P.O. and P.S. Warisaliganj,Dist.-Nawada ... ... Petitioner/s

Versus

1. The State Of Bihar through its Chief Secretary,Bihar,Patna

2. The Principal Secretary Sugarcane Deptt. Govt. of Bihar,Patna

3. The Commissioner, Sugarcane,Govt. of Bihar,Patna

4. The Bihar State Sugar Corporation Ltd. through its Secretary/Chairman Bihar,Patna

5. The Chief Manager (Mahaprbandhak)

6. The Head of Bihar State Sugar Corporation Ltd. Warisaliganj Unit (Nawada) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar Prabhakar Advocate Mr. Uma Shankar Sharma Advocate For the Respondent/s :

Mr. Kinkar Kumar SC-9 Mr. Yogesh Kumar Advocate For the BSSC ;

Mr. Gyan Shankar Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 11-02-2019 Heard the learned counsel for the parties.

The petitioner, who was a seasonal employee of Bihar State Sugar Corporation, has approached this Court for setting aside the order dated 05.02.2005 issued under the signature of the Chief Manager, Bihar State Sugar Corporation Limited Unit, Warisaliganj, Nawada and for directing the respondents to pay to the petitioner the amount which was wrongly deducted

Patna High Court CWJC No.2212 of 2019 dt.11-02-2019 2/3 from the payment of salary of the petitioner and also for grant of interest on the aforesaid amount. The petitioner though has made a prayer for regularization of his services and promotion but he does not press the aforesaid ground urged in this petition.

It appears that the petitioner had earlier approached this Court for payment of salary; the amount which was deducted from his salary; and interest on the same. A Bench of this Court directed the petitioner to approach the concerned respondents for consideration of his grievance with respect to arrears of salary. Pursuant to the aforesaid order passed by this Court on 06.01.2005, the claim of the petitioner was considered and rejected vide order dated 05.02.2005 passed by the Chief Manager, Bihar State Sugar Corporation, contained in Memo No. 193.

The petitioner has approached this Court after more than 14 years.

Learned counsel appearing for the Corporation has submitted that the unit under which the petitioner worked has also been wound up.

Patna High Court CWJC No.2212 of 2019 dt.11-02-2019 3/3 Since the claim of the petitioner has already been rejected by a reasoned order way back in the year 2005, this Court does not deem it appropriate to permit re-agitating the same on non-existent ground.

There being no merit in the petition, the same is dismissed.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 14.02.2019 Transmission Date