P. Shreedhara Kurup v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2805 of 2007 IN Civil Writ Jurisdiction Case No. 15993 of 2004 =========================================================== P. Shreedhara Kurup, s/o Late P.K. Shankar Pillai, resident of M.N. H-4/7, I.G.I.M.S. Sheikhpura and Dist- Patna .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Bihar, Patna.

2. Sunil Kumar Singh, Chairman, son of not known, Bihar State Co-operative Marketing Union Ltd., Biscomaun Bhawan, Patna

3. Ashok Kr. Jha, Managing Director, Bihar State Co-operative Marketing Union Ltd., Biscomaun Bhawan, Patna

4. Biresh Kumar Tripathi, son of not known, Finance Controller, Bihar State Co-operative Marketing Union Ltd., Biscomaun Bhawan, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Md. Abu Haider, Advocate For BISCOMAUN : Mr. Iswari Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT Date: 02-05-2016 Heard learned counsel for the petitioner as well as Bihar State Co-operative Marketing Union Ltd.

On account of mismanagement, the BISCOMAUN faced financial crunch which, it is still facing at. In the aforesaid background, its employees are deprived of their post retrial dues/ entitlement including the arrears during their continuance of service. Two kinds of orders are being placed on behalf of rival parties. The first one is by specific direction, the aforesaid dues have been paid to the respective petitioners while the other is acknowledgement of a list and further, making the payment in

Patna High Court MJC No.2805 of 2007 dt.02-05-2016 2/2 chronological way. However, the fact remains that institution is facing financial crisis.

From the list, it is evident that petitioner's name stood at sl. No. 90. Uptil now, the dues against sl. No. 1 to 9 is paid. Considering the rival submissions, it looks desirable in the facts and circumstances of the case that the institution be given some time whereupon, the respondent BISCOMAUN is directed to clear the arrear whatever stands against the petitioner by 31st of October, 2016 failing which, the concerned officials will be held accountable for disobedience of the order and for that, they will be answerable.

With the aforesaid observation, the instant petition is disposed of.

For proper compliance of the instant order, let a copy of the order be served upon to learned Sri Ishwari Singh, Advocate representing the BISCOMAUN.

(Aditya Kumar Trivedi, J.) rinkee/- U