Patna High CourtCWJC/13388/2008disposed

Janak Prasad Kushwaha v. The State Of Bihar And ORS

2017-11-14Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13388 of 2008 ====================================================== Janak Prasad Kushwaha, Son of Late Gendhari Prasad Kushwaha, resident of Manpur Gannipur, Post Office- Bhartipur, Police Station-Baligaon, District- Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Animal Husband and Fisheries Resources Department, Government of Bihar at Vikash Bhawan, Patna-15.

2. The Chairman, Animal Welfare Board of India (AWBI), New Delhi, Animal Welfare Division, 3rd Floor, Sardar Patel Bhawan, Sansad Marg, New Delhi-110001.

3. The Secretary, Animal Welfare Board of India, 13/1 Third Seaward Road, Valmiki Nagar, Thruvanmiyur, Chennai-600041, Email Aawbi@md3vsnl net.in.

4. The Director-cum-Inspector General of Police, Bihar, Patna, at Secretariat, Patna-15, Old Secretariat.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar, Adv. For the State : Mr. Gyan Prakash Ojha, G.A.-7 Mr. Gopal Krishna, A.C. to G.A.-7 For Union of India : Mr. Abhay Shankar, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-11-2017 Heard learned counsel appearing for the respective parties.

Admittedly, the petitioner is employed by the S.P.C.A., is a Society registered under the Society Registration Act. If the petitioner has any grievance with regard to

Patna High Court CWJC No.13388 of 2008 (10) dt.14-11-2017 2/2 remuneration, the Society is liable for payment, not the Government.

It has been claimed by the petitioner that the grant money used to come from the Government. It is not for the petitioner to bother, but the Society. Further, the Society is N.G.O., so the remuneration cannot be claimed from the State Government but the same can only be claimed from the Society which has appointed the petitioner and have been taking work from him. If the petitioner has any grievance, he will raise the same before the Society and the Society will take action in accordance with law.

Accordingly, this writ application is disposed of. (Shivaji Pandey, J) pawan/- U