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Patna High CourtCWJC/2366/2020disposed

Shashi Bhushan Sharma, v. The State Of Bihar

2020-02-25Mr. Justice Madhuresh Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2366 of 2020 ====================================================== 1.

Shashi Bhushan Sharma, Working as Head Time Keeper at Bihar State Sugar Corporation Ltd. Unit-Samastipur, P.O., P.S. and District-Samastipur. 2.

Pawan Kumar Jha, Son of Late Gulab Jha, Working as Account Clerk at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S. Pandaul, District-Madhubani.

3.

Yogendra Labh, Son of Late Giridhari Labh, Working as P.F. Clerk at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.-Pandaul, DistrictMadhubani. 4.

Dayanand Thakur, Son of Late Budhdhi Thakur, Working as Accountant at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.-Pandaul, District-Madhubani.

5.

Mithilesh Kumar Jha, Son of Umesh Chandra Jha, Working as Account Clerk at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.- Pandaul, District-Madhubani.

6.

Wadrul Haque, Son of Sheikh Hafiz, Working as Time Keeper at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.-Pandaul, DistrictMadhubani. 7.

Baidyanath Thakur, Son of Late Ram Swarup Thakur, Working as Security Guard at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.- Pandaul, District-Madhubani.

8.

Motiur Rahman, Late Md. Israil, Working as Security Guard at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.-Pandaul, DistrictMadhubani. 9.

Gangaram Yadav, Late Kantir Yadav, Working as Security Guard at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.-Pandaul, DistrictMadhubani. 10.

Domu Yadav, Son of Late Bechan Yadav, Working as Security Guard at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.-Pandaul, District-Madhubani.

11.

Anil Kumar Singh, Son of Late Rajendra Prasad Singh, Working as Labor Welfare Officer at Bihar State Sugar Corporation Ltd. Unit-Sakri, P.O. and P.S.-Sakri, District-Madhubani.

12.

Shishnand Lal Das, Son of Late Sumrit Lal Das, Working as Accountant at Bihar State Sugar Corporation Ltd. Unit-Sakri, P.O. and P.S.-Sakri, DistrictMadhubani. 13.

Rajaram Sahu, Son of Kashi Sah, Working as Clerk at Bihar State Sugar Corporation Ltd. Unit-Sakri, P.O. and P.S.-Sakri, District-Madhubani. 14.

Dilip Kumar Chaudhary, Son of Umesh Chaudhary, Working as Head Time Keeper at Bihar State Sugar Corporation Ltd. Unit-Sakri, P.O. and P.S.- Sakri, District-Madhubani.

15.

Sheo Kumar Chaudhary, Son of Yogendra Chaudhary, Working as Peon at Bihar State Sugar Corporation Ltd. Unit-Sakri, P.O. and P.S.-Sakri, DistrictMadhubani.

2/4 16.

Yugal Kishore Jha, Son of Jivanand Jha, Working as Accountant at Bihar State Sugar Corporation Ltd. Unit-Raiyam, P.O. and P.S.-Raiyam, DistrictDarbhanga. 17.

Mahadeo Chaudhary, Son of Late Parmeshwar Chaudhary, Working as Accountant at Bihar State Sugar Corporation Ltd. Unit-Banmankhi, P.O. and P.S.-Banmankhi, District-Purnea.

18.

Umesh Prasad Singh, Son of Late Sheo Nandan Singh, Working as Clerk at Bihar State Sugar Corporation Ltd. Unit-Banmankhi, P.O. and P.S.- Banmankhi, District-Purnea.

19.

Karun Kumar, Late Ramchandra Prasad, Working as Clerk at Bihar State Sugar Corporation Ltd. Unit-Banmankhi, P.O. and P.S.-Banmankhi, DistrictPurnea. 20.

C.K. Rai, Son of Late Tulsidas Rai, Working as Accountant at Bihar State Sugar Corporation Ltd. Unit-Samastipur, P.O., P.S. and District-Samastipur. 21.

Kapil Deo Lal, Son of Late Ram Lakhan Lal, Working as Clerk at Bihar State Sugar Corporation Ltd. Unit-Samastipur, P.O., P.S. and DistrictSamastipur. 22.

Ashwini Kumar Singh, Son of Late Tilkeshwar Singh, Working as Clerk at Bihar State Sugar Corporation Ltd. Unit-Samastipur, P.O., P.S. and DistrictSamastipur. 23.

Ram Jatan Singh, Son of Late Baijan Singh, Working as Peon at Bihar State Sugar Corporation Ltd. Unit-Bihta, P.O., P.S.-Bihta, District-Patna. 24.

Baidyanath Singh, Son of Late Sundeshwar Singh, Working as Accountant at Bihar State Sugar Corporation Ltd. Unit-Bihta, P.O., P.S.-Bihta, DistrictPatna. 25.

Mithilesh Singh, Son of Late Sahdeo Prasad Singh, Working as Accountant at Bihar State Sugar Corporation Ltd. Unit-Lauriya, P.O., P.S.-Lauriya, District-West Champaran.

26.

Ram Ayodhya Singh, Son of Late Sheo Narayan Singh, Working as Clerk at Bihar State Sugar Corporation Ltd. Unit-Bihta, P.O., P.S.-Bihta, DistrictPatna. 27.

Irfan Ansari, Son of Late Usman Ansari, Working as Clerk at Bihar State Sugar Corporation Ltd. Unit-Lohat, P.O.-Lohat, P.S.-Pandaul, DistrictMadhubani. 28.

Yugeshwar Thakur, Son of Late Sukhdeo Thakur, Working as Account Incharge at Bihar State Sugar Corporation Ltd., Goraul, P.O. and P.S.-Goraul, District-Vaishali.

29.

Ashok Kumar Shahi, Son of Late Ramnandan Shahi, Working as Provident Fund Clerk at Bihar State Sugar Corporation Ltd., Goraul, P.O. and P.S.- Goraul, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Cane Industries, Govt. of Bihar, New Secretariat, Patna.

2.

The Principal Secretary, Cane Industries, Govt. of Bihar, New Secretariat,

3/4 Patna.

3.

Bihar State Sugar Corporation Ltd. Through its Managing Director, Cane Industries Department, Vikas Bhawan, New Secretariat, Patna. 4.

Managing Director, Bihar State Sugar Corporation Ltd., Cane Industries Department, Vikas Bhawan, New Secretariat, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh Mr. Shyama Kant Singh Mr. Rajesh Kumar Sharma For the Respondent/s :

Mr. Rakesh Ambastha, AC to ( Aag7 ) For Sugar Corporation : Mr. Gyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2020 Petitioners upon their superannuation were employed by the respondent Corporation on contract basis to discharge certain functions. Further case of the petitioners is that honorarium for the services rendered by them has not been paid to them.

It is submitted by petitioners' counsel that they have approached the Managing Director of the respondent Corporation (respondent No. 4) by a representation dated 14.6.2019, however till date no decision has been taken on the representation, let alone payment of legitimate dues being made to the petitioners.

The grievance is substantially to the extent that petitioners' claim is not being considered. The nature of grievance requires no adjudication in the instant proceeding.

4/4 Pendency of the writ petition therefore would be futile. Interest of justice would be met if respondent No. 4 passes a reasoned and speaking order on the petitioners' representation (Annexure

4) and makes payment of the legitimate dues to the petitioners in accordance with law. This Court would therefore direct respondent No. 4 accordingly.

The writ application stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U