Smt. Indar Devi @ Smt. Indra Kala Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18631 of 2017 ====================================================== Smt. Indar Devi @ Smt. Indra Kala Devi, Wife of Sri Ram Naresh Singh, Resident of Village- Kamarthu, P.S.- Gayghat, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Bihar, Patna.

2.

The Secretary, Water Resources Department, Bihar-cum-the Chairman, Bihar State Construction Corporation Limited, Patna. 3.

The Bihar State Construction Corporation Limited through its Managing Director and its Head Quarter at Khawaja Imli, Anishabad, Patna. 4.

The Managing Director, Bihar State Construction Corporation Limited, Office at Khawaja Imli, Anishabad, Patna.

5.

The Secretary Administration, Bihar State Construction Corporation Limited, Office at Khawaja Imli, Anishabad, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Respondent/s :

Mr.Vikash Kumar - Sc-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2020 Heard both sides through video conferencing.

The petitioner has filed this writ petition for direction for payment of arrears of salary and post retiral benefits to her husband. The husband of the petitioner was working as Chowkidar in the office of Bihar State Construction Corporation Limited, Muzaffarpur and he was absorbed in regular establishment w.e.f. 01.07.1982. The husband of the petitioner worked satisfactorily but his salary was not paid after April, 1993. Respondents No.3 to 5, the Managing Director, Bihar State Construction Corporation Limited filed counter affidavit

Patna High Court CWJC No.18631 of 2017(3) dt.03-07-2020 2/2 stating there in that the Bihar State Construction Corporation Limited has already been put under liquidation by the order of Kolkata High Court. In view of Full Bench judgment of this Court in the case of Manikant Pathak & Ors. vs. the State of Bihar, reported in 1997 (1) PLJR 664, the writ petition is not maintainable against the Corporation.

Having considered the facts and the law laid down by Full Bench judgment of this Court in the case of Manikant Pathak (supra), I find that the writ petition is not maintainable. Accordingly, the same is dismissed.

(Prabhat Kumar Jha, J) S.KUMAR/- U T