Dhruvendu Kamal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2819 of 2015 In Civil Writ Jurisdiction Case No. 3274 of 2008 ====================================================== Dhruvendu Kamal Son of Late Satyamurti Verma Resident of in the house of Dr. P. Prasad, M/P - 352, Kankarbagh, P.S. - Kankarbagh, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar. null null

2. The State of Bihar through its Principal Secretary, Department of Food and Consumer Protection, Govt. of Bihar, Patna namely Mr. Pankaj Kumar. null null

3. The Food and Civil Supplies Corporation, Bihar, Patna through the Chief Administration, Head Quarter, namely Sri Kumar Sanjay, Sone Bhawan, 5th Floor, Beer Chand Patel Path, Patna.

4. Mr. Arvind Kumar Singh, the Managing Director, Sone Bhawan, 5th Floor, Beer Chand Patel Path, Patna.

5. Mr. Sahadat Anwar, the District Manager, Dhanbad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishnu Kant Dubey, Adv. For the Respondent/s : Mr. Abbas Haidaer, SC16 For the B.S.F.C : Mr. Shailedra Kumar, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-08-2018 Referring to Annexure 'A' to the show cause filed on behalf of Opposite Party Nos. 3 and 4 learned counsel representing them has shown to this Court that in compliance of the order of this Court a sum of Rs.2,53,944/- has been made available to the District Manager, Jharkhand State Food & Civil Supplies Corporation Ltd., Dhanbad towards payment of the dues of the petitioner in terms of the order of the learned writ Court. Learned counsel representing Opposite Party Nos. 3 and 4 has also submitted that in fact, by virtue of the notification

Patna High Court MJC No.2819 of 2015 (6) dt.28-08-2018 of the Central Government whereunder the assets and liabilities of the Bihar State Food and Civil Supplies Corporation Ltd. have been divided between the Bihar State Food and Civil Supplies Corporation Ltd. and Jharkhand State Food & Civil Supplies Corporation Ltd., now the liability towards these payments where that of the Corporation in the State of Jharkhand but the payment has been made available to them by Opposite Party Nos. 3 and 4 at this stage only to comply the order of this Court keeping their right reserved to recover these amounts.

Whatever be the contention of learned counsel representing the Opposite Party Nos. 3 and 4, since the payment have already been made available to the District Manager, Jharkhand State Food & Civil Supplies Corporation Ltd., Dhanbad towards payment of arrear of salary to the petitioner in terms of the order of this Court, this contempt application stands disposed off.

The District Manager, Jharkhand State Food & Civil Supplies Corporation Ltd., Dhanbad shall make payment of the amount to the petitioner forthwith failing which he would be answerable to this Court.

(Rajeev Ranjan Prasad, J) R.R.Ojha.

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