Satendra Yadav And ORS v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5166 of 2017 ===========================================================
1. Satendra Yadav, Son of Ishwari Yadav,
2. Sri Pappu Kumar Chaurasia, Son of Arvind Chaurasia.
3. Sri Awadesh Sharma, Son of Budhan Sharma.
4. Sri Ajit Paswan, Son of Bishundeo Paswan.
5. Sri Sharwan Kumar, son of Nageshwar Prasad Yadav, All Sl. No. 1 to 5 are the residents of Katari Sarai, P.O. & P.S. - Katari Sarai, District- Nalanda. .... .... Petitioners
Versus
1. The Union of India through the Secretary Department of Posts, Dak Bhawan, New Delhi- 110001.
2. The Superintendent of Post Office, Nawada Division, Nawada.
3. The Post - Master, Post Office, Katarisaria (Nalanda).
4. The State of Bihar through the Superintendent of Police, (S.P.), Nalanda.
5. S.H.O. Giriyak, P.S. (Katarisarai), Nalanda. .... .... Respondents =========================================================== Appearance :
For the Petitioners : Mr. Shashi Nath Jha, Advocate For the State : Mr. Utsav Kumar, AC to GA4 For the Union of India : Mr. Anjani Kumar Sharan, ASG =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 22-12-2017 Heard learned counsel for the petitioners as well as learned counsel for the respondents.
2. The present writ petition has been filed for a direction to the respondent-authorities to release all the amounts of dues/arrears of the petitioners which have admittedly been withheld by them in Katarisaraia Post Office; and for connected reliefs.
3. Learned counsel for the petitioners submits that the petitioners are the professional Vaidyas and in terms of the agreement with the postal authorities, they sent petitioners' insured V.P. Parcels etc. to their respective clients against payment collected by the postal
Patna High Court CWJC No.5166 of 2017 dt.22-12-2017 2/3 authorities. It is stated however that the postal authorities have not made payment of the amounts so collected from the petitioners' clients since 01.11.2016 to which the petitioners are entitled.
4. Learned counsel for the respondents appears and has been heard. On the basis of the counter affidavit, it is submitted that the petitioners, who are not in fact Vaidyas, are cheating their clients and for which appropriate legal action by way of institution of the first information report has been taken against the accused persons.
5. Having regard to the nature of the grievances of the petitioners and with consent of the parties, this writ petition is disposed of, granting liberty to the petitioners to approach the concerned postal authorities with a fresh representation for redressal of their grievances. If any such representation is filed within a period of two months from today, the same shall be considered and disposed of, ensuring payment to the extent found due to the petitioners, within a period of six weeks from the date of receiving the petitioners' representation. Any delay in payment of the admitted amount beyond the stipulated period as stated above, shall entitle the petitioners to receive payment together with simple interest at the rate of 6% per annum on the admitted dues calculated from the date when the amount became due till the date of its actual payment. In case the petitioners' claim is found inadmissible, whether in whole or in part, the petitioners' representation shall be disposed of by a speaking order
Patna High Court CWJC No.5166 of 2017 dt.22-12-2017 3/3 in that regard.
6. It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioners. (Vikash Jain, J) B.T/Chandran AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 26.01.2018 Transmission Date N.A.