Bihar Rajya Zila Parishad Karamchari Maha Sangh Through Its General Secretary, Diwakar Thakur v. The State Of Bihar Through Deepak Prasad, Chief Secretary, Govt. Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No. 3196 of 2018 Arising out of Civil Writ Jurisdiction Case No. 9652 of 2017 ====================================================== Bihar Rajya Zila Parishad Karamchari Maha Sangh through its General Secretary, Diwakar Thakur Son of Late Kameshwar Thakur, resident of Village- Rajkhand, Police Station- Aurai, District- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through Deepak Prasad, Chief Secretary, Government of Bihar, Patna.
2.
Sujata Chaturvedi, Principal Secretary, Finance Department, Government of Bihar, Patna.
3.
Amrit Lal Meena, the Secretary, Panchayati Raj Department, Government of Bihar, Patna.
4.
Kuleep Narayan, the Director, Panchayati Raj Department, Government of Bihar, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the State :
Mr. Ravindra Kumar, AC to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-11-2019 Heard learned counsel for the petitioner and learned AC to AAG 6 for the State.
2. From the pleadings and materials on record, the Court finds that the allegation of willful and deliberate disobedience of the order dated 05.04.2018 passed in CWJC No. 9652 of 2017, as far as the State authorities are concerned, is totally misconceived for the reason that at best, it was the Zila Parishad, who could have any grievance against the State for non transmission of the
Patna High Court MJC No.3196 of 2018 dt.21-11-2019 2/2 money received, as per the Finance Commission Recommendations. Thus, the petitioner having no locus standi in the matter, as there was no direction to the State for taking the responsibility with regard to payment of salary and other emoluments to the employees of the Zila Parishad in terms of 5th and 6th Pay Revision Commission Recommendations, the Court finds no merit in the present application.
3. Accordingly, the same stands disposed off. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T