Murlidhar Singh v. Bihar State Cooperative Marketing Union Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16791 of 2017 ====================================================== Murlidhar Singh Son of late Ram Nagina Singh Resident of Mohalla- Rajeev Nagar, Road No. 6, P.S. Rajeev Nagar and District- Patna. ... ... Petitioner/s
Versus
1.
Bihar State Cooperative Marketing Union Ltd. Through its Chairman, Biscomoun Bhawan, Patna.
2.
The Chairman, Bihar State Co-Operative Marketing Union Ltd. Biscomaun Bhawan, Patna.
3.
Managing Director, Bihar State-Co-operative Marketing Union Ltd., Biscomaun Bhawan, Patna.
4.
Chief of Accounts, Bihar State Co-Operative Marketing Union Ltd. Biscomaun Bhawan, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohammed Abu Haidar For the Respondent/s :
Mr.Vikas Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard the parties.
The present writ application has been filed for issuance of an appropriate writ and/or direction upon the respondents to pay the retirement benefits like, the amount due towards provident fund, leave encashment, including the arrears of salaries with dearness allowance and arrears of interim reliefs
Patna High Court CWJC No.16791 of 2017(4) dt.18-09-2020 2/3 alongwith Vth and VIth pay revision as well as due time promotion and its benefits besides other dues with interest @ 18% thereof or any other relief or reliefs for which the petitioner is entitled to.
A counter affidavit has been filed on behalf of the respondent No. 1. Following statements have been made in paragraphs 13, 20 & 21 of the counter affidavit:- "13. That it is also relevant to state that in some cases contempt petitions have also been filed against the answering respondent however the courts have directed to follow the chronological order in making of payment which is just and fair.
Reference may be made to the order dated 29-07-2015 passed in MJC No. 3691 of 2013, order dated 15-12-2017 in MJC No.
2448 of 2014, order dated 05-01-2018 in MJC No. 4174 of 2014.
20.That the answering respondent is annexing a chart that the entire amount of group insurance, gratuity has been paid to the petitioner and an amount of Rs.
6,92,665.00 is remained to be paid as dues salary which will be paid in chronological order when the turn of the writ petitioner comes which is at serial No. 1815.
21. That it is stated that at present, the answering respondent has cleared the dues
Patna High Court CWJC No.16791 of 2017(4) dt.18-09-2020 3/3 salary of its ex-employee till serial No. 7/8 in the chronological list".
Considering the submissions made on behalf of the parties, the respondent No. 1 shall consider the case of the petitioner in the light of the statements made in the counter affidavit as referred above and pass an appropriate order in accordance with law.
With the aforesaid observation and direction, the present writ application stands disposed of.
(Sudhir Singh, J) A.K.V.//- U