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Patna High CourtCWJC/13877/2021disposed

Ram Dular Chaudhary v. The State Of Bihar

2026-02-13Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10104 of 2021 ====================================================== Chandramauli Agrawal, S/o Late S.N.P. Agrawal, Resident of Tajpur, P.S.- Tajpur, District-Samastipur at present Chini Mill, Ward No. 10, P.S.-Town, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Industries Department, Patna.

2.

The Cane Commissioner, Industries Department, Government of Bihar, Patna.

3.

The Bihar State Sugar Corporation, through the Cane Commissioner, Industries Department, Patna.

4.

The General Manager, Bihar State Sugar Corporation, Samastipur Unit, Samastipur.

5.

The Collector, Samastipur.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 13877 of 2021 ====================================================== Most. Lalita Chaudhary W/o Ram Dular Chaudhary Resident of VillageLakhanpatti, P.S.- Warisnagar, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Industries Department, Patna.

2.

The Cane Commissioner, Industries Department, Government of Bihar, Patna.

3.

The Bihar State Sugar Corporation Ltd., through the Cane Commissioner - Cum - Managing Director, Department of Sugar Cane Industries, Patna. 4.

The General Manager, Bihar State Sugar Corporation, Samastipur Unit, Samastipur.

5.

The Collector, Samastipur.

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

(In Civil Writ Jurisdiction Case No. 10104 of 2021) For the Petitioner/s :

Mr. Sushil Kumar Jha, Adv.

For the Respondent/s :

Mr. Kinkar Kumar, SC9 Mr. Shashank Shekhar Dubey, AC to SC9 For the BSEB :

Mr. Gyan Shankar, Adv.

(In Civil Writ Jurisdiction Case No. 13877 of 2021) For the Petitioner/s :

Mr.Sushil Kumar Jha, Adv.

Patna High Court CWJC No.10104 of 2021(19) dt.13-02-2026 2/3 For the Respondent/s :

Ms. Mala Ambast, AC to GP1 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 13-02-2026 Heard learned counsel for the parties in both the cases.

2. Counsel representing the Bihar State Sugar Corporation submits that the entire claim of the petitioners has been adjudicated and paid.

3. At this stage, counsel for the petitioners submits that the leave encashment for which the petitioners are entitled for 240 days has not been paid, which submission is strongly being objected by the counsel representing the Bihar State Sugar Corporation and submits that no person has been allowed such benefits and, therefore, on the basis of 30 days, which is applicable as per the Factories Act, the amount of leave encashment has been disbursed in favour of the employees of the Corporation in reference to the provisions of the Factories Act, which provides to the extent of 30 days towards earn leave, has been allowed in favour of all the employees of the Corporation.

4. In view of the aforesaid submissions, both the writ petitions are disposed of.

5. However, liberty is restored to the petitioners that

Patna High Court CWJC No.10104 of 2021(19) dt.13-02-2026 3/3 in case, if the petitioner is in a position to object to such submissions with supporting materials that other similarly situated persons have been allowed earn leave to the extent of 240 days, in that event, such objections shall be filed within a period of four weeks from today and, on filing of such applications within the time, so allowed, the petitioner's objection shall be adjudicated within eight weeks and benefits if found justified, shall also be extended within the same time. (Ajit Kumar, J) rishi/- U