Patna High CourtC. REV./423/2014dismissed

The Managing Director, Bihar Fruit And Vegetable Development Corporation Ltd., Patna And ORS. v. The State Of Bihar And ORS

2016-09-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.423 of 2014 IN Civil Writ Jurisdiction Case No. 15064 of 2009 ===========================================================

1. The Managing Director, Bihar Fruit and Vegetable Development Corporation Ltd. Udyog Nursery, Old Secretariat , Patna-4.

2. The Chief Accounts Officer-Cum-Public Information Officer (Under The Right To Information Act, 2005) Bihar Fruit and Vegetable Development Corporation Ltd. Patna, Udyan Nursery, Old Secretariat, Patna. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Secretary- cum- Agriculture Production Commissioner, Department of Agriculture, Vikash Bhawan , New Secretariat, Bailey Road, Patna 2.

2. The Director, Agriculture Bihar, Department of Agriculture, Vikash Bhawan, New Secretariat, Bailey Road, Patna.

3. Usha Devi, W/o Late Bijay Kumar Gupta, R/o Vill- Sakhara, P.S.- Phulwaria, P.S. - Barauni, Distt. - Begusarai. .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Sourendra Pandey, Advocate For the State : Mr. Sarvesh Kumar, G.P.-24 Mr. Arun Kumar Sinha, A.C. to G.P.-24 For the Respondent No.3 : Mr. Alok Kumar Sinha, Advocate : Mr. Indrajeet Bhushan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date: 21-09-2016 This application has been filed seeking review of an interim order of this Court dated 20.11.2014 passed in C.W.J.C. No. 15064 of 2009, whereby this Court had directed the review petitioner, Bihar Fruit and Vegetable Development Corporation to deposit a sum of Rs. 3,00,000/- in the Registry of this Court within three weeks from that day. An amount of Rs. 2,82,627/- was found admittedly outstanding against arrears of salary and other retiral dues as mentioned in the order itself, payable to Respondent No. 3.

Patna High Court C. REV. No.423 of 2014 dt.21-09-2016 2/2 Learned counsel appearing on behalf of the Corporation has informed that the said sum of Rs. 3,00,000/- has already been deposited in the Registry of this Court in compliance of the said order dated 20.11.2014. He has not disputed the fact that the said amount of Rs. 2,82,627 is outstanding for payment to the writ petitioner. This is also not in dispute that as on the date of the death of the husband of the petitioner in the year 1999, the said amount was payable to him by the Corporation.

I do not find that any ground exists warranting review of the order dated 20.11.2014.

Learned counsel for the review petitioner has submitted that the Corporation is under acute financial crunch and if the order under review is allowed to continue, other employees of the Corporation may also claims similar treatment. Such plea taken on behalf of the Corporation cannot be said to be good ground for review of the order of this Court.

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Vats/- AFR/NAFR NAFR CAV DATE Uploading Date 23.09.2016 Transmission Date 23.09.2016