Umesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 490 of 2018 ====================================================== 1.

Rabindra Singh Son of Ram Chhabila Singh, Resident of Village-Renua, P.O. and District-Siwan, 2.

Madan Gopal Singh, Son of Late Baban Singh, Resident of Tara Bhawan, 4th Gali Rajendra Nagar, Siwan.

3.

Krishna Mohan Saxena, Son of Late Babu Lal Saxena Tara Bihar Bhawan, 4th Gali, Rajendra Nagar Siwan.

4.

Janardhan Singh, Son of Late Gorakh Singh, Resident of Village-Renua, P.O. and District-Siwan.

5.

Birendra Prasad Shrivastava, Son of Late Bhola Prasad @ Sarjug Prasad, Resident of East Khurmabad, Near-Parthi Hospital, P.O.. and District-Siwan. 6.

Arvind Kumar Singh, Son of Late Sri Ram Singh, Resident of Siswan Dhala Lakshmipur, P.O. and District-Siwan.

7.

Surendra Kumar Prasad Son of Jagarnath Prasad, Resident of VillageKherahay, P.O. -Khorahay, District-Siwan. 8.

Balram Prasad Shrivastava, Son of Late Sarjug Prasad Shrivastava, Resident of Village-East Khurmabad, Near-Partho Hospital, P.O.- and District-Siwan. 9.

Mahendra Tiwary Son of Batukdev Tiwary, Resident of Village-Renua, P.O. and District-Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 3.

The Principal Secretary, (Sugar Cane) Govt. of Bihar, New Secretariat, Patna.

4.

The Cane Commissioner Cum Managing Director Bihar State Sugar Corporation Ramjaypal Nagar, New Punaichak, Patna 5.

Managing Director, Bihar State Sugar Corporation Ltd. Unit-New Siwan, P.O. and District-Siwan 6.

The District Magistrate, Siwan.

... ... Respondent/s WITH Civil Writ Jurisdiction Case No 506 of 2018 ====================================================== Umesh Kumar Singh Son of Late Ram Balister Singh Resident of Village - Renua, P.S. - Hussainganj, District - Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna 2.

The Principal Secretary, Sugar Cane Department, Govt. of Bihar, New Secretariat, Patna.

3.

The Cane Commissioner cum Managing Director Bihar State sugar

2/4 Corporation, Ramjaypal Nagar, New Punaichak, Patna 4.

The Managing Director, Bihar State Sugar Corporation Ltd Unit-New Siwan, P.O. and District - Siwan.

5.

The District Magistrate, Siwan.

... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No 490 of 2018) For the Petitioner/s :

Mr Ravi Bhushan Verma, Advocate For the S t a t e :

Mr Suresh Kr, AC to GP I For the Corporation :

Mr Gyan Shankar, Advocate (In Civil Writ Jurisdiction Case No 506 of 2018) For the Petitioner/s :

Mr Ravi Bhushan Verma, Advocate For the S t a t e :

Mr Rajeev Kr Sinha, AC to AAG VII For the Corporation :

Mr Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 30-08-2022 CWJC No 490 of 2018 It is submitted that counter affidavit on behalf of Respondents No 4 and 5 has already been filed online. Hard copy of the same is being taken on record.

The petitioners were employees of the Bihar State Sugar Corporation Limited, New Sawan Unit, Siwan. They have approached this Court for dues on account of salary etc. It is admitted that under an Exit Settlement Scheme, payments are to be made to all the employees subject to certain verification in respect of the payments to claimants of New Sawan Unit.

The learned counsel for the Respondent-Corporation submits that the Sugarcane Industries Department under Letter dated 04.08.2022 has constituted a Three Members Committee

3/4 for examining certain complaints regarding the beneficiaries of the Exit Settlement Scheme which exercise the Department has directed to be completed within three months. In view of such stand of the State Government and since the issue is admitted that the payments are to be made in terms of the Exit Settlement Scheme, subject to verification of the claim, there is no issue which requires adjudication in the instant case.

The writ petition is, therefore, not required to be kept pending and is disposed of recording the stand of the learned counsel for the Corporation based on instruction from Respondents No 4 and 5 that the Three Members Committee would complete its enquiry within three months whereafter appropriate action would be taken for ensuring that dues are paid to the beneficiaries under Exit Settlement Scheme. CWJC No 506 of 2018 The petitioner claims to be an employee of the Bihar State Sugar Corporation Limited, New Sawan Unit, Siwan and has approached this Court with a prayer for appointment of due salary etc. The admitted position is that the Bihar State Sugar Corporation Limited has been liquidated and the genuine and bona fide erstwhile employees are being made some payments

4/4 in terms of the Exit Settlement Scheme. In the instant case, learned counsel for the respondents, upon instructions, submits that the benefits of the petitioner are to be ascertained by the Three Members Committee constituted under letter dated 04.08.2022 bearing No 1459 issued by the Sugar Industries Department.

Petitioner's counsel submits that he would be submitting the details before the Three Members Committee within three weeks.

In the event, such details are submitted, it is needless to say that the Three Members Committee would be considering the petitioner's claim within the time limit in terms of the letter dated 04.08.2022.

This writ petition, therefore, need not be kept pending.

If the petitioner is found entitled to any payment upon such verification by the Three Members Committee, it is expected that appropriate action should be taken. Writ poetition stands disposed of.

(Madhuresh Prasad, J) M.E.H./- U