Mainullah Khan And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1687 of 2018 ====================================================== 1.
Mainullah Khan and Ors Son of Jainul Abedun Khan, Resident of VillageAad Nagar, Dhaka, P.O. and P.S.-Dhaka and District-East Champaran. 2.
Shambhu Kumar Paswan, Son of Late Yogendra Paswan, Resident of Village-Jamalabad, P.S. Uma Nagar District-Muzaffarpur. 3.
Raman Singh, Son of Late Mundrika Singh, Resident of Village-Nawadah, P.S. and District-East-Champaran at Motihari. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The State of Bihar throughChief Secretary, Govt. of Bihar, Patna. 3.
The Commissioner, Department Finance, Bihar, Patna. 4.
The Additional Commissioner, Resource Department of Finance, Bihar, Patna.
5.
The Special Secretary, Department of Finance, Bihar, Patna. 6.
The Principal Secretary, Industrial department, Bihar, Patna.Department of Agriculture, Government 7.
Managing Director, Bihar State Handloom and Handi Crafts Corporationn Limited, Industrial Bhawan ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohammed Abu Haidar, Advocate For the Respondent/s :
Mr. Y.P. Sinha -AAG-7 Mr. Rakesh Ambastha, AC to AAG-7 Mr. Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-09-2023 Heard the parties.
2. This application has been preferred for following reliefs:
(i) a writ in the nature of certiorari or any other appropriate writs, order or directions, commanding the respondents concerned to absorb the
Patna High Court CWJC No.1687 of 2018(5) dt.15-09-2023 2/3 petitioners with all con- sequential benefits as per terms and conditions laid down in letter no.2716 dated 24.04.2006 issued by the Finance Commissioner, Government of Bihar, Patna and on the basis of which they have been on deputation to the department of state Government;
(ii) further writ of mandamus may also be issued to respondent to provide all financial benefit regarding pay scale protection from the date of Joining in corporation/ Board and pay all retirement benefit such as pension, gratuity,groupInsurance, leave incashment etc. from the date of joining in corporation/ Board to till date of their retirement.
3. Learned Counsel for the petitioner submits that he has since retired and due to financial crisis, is suffering and in that backdrop, he may be permitted to represent the entire facts before the highest Authority of the Department i.e., the Principal Secretary, Industries Department, Bihar, Patna (respondent no.
6) after service of copy to the respondent no. 7, the Managing Director, Bihar State Handloom and Handi Crafts Corporationn Limited, Patna.
4. The learned Counsel for the State as also respondent no. 7 do not have any objection.
Patna High Court CWJC No.1687 of 2018(5) dt.15-09-2023 3/3
5. In view of the aforesaid submissions put forward by the learned Counsel for the petitioners, this Court gives liberty to them to approach separately before the concerned respondents within four weeks from today.
6. If such representation is filed within stipulated period, the respondent no. 6 shall pass a reasoned order within next three months.
7. The writ petition stands disposed of.
(Rajiv Roy, J) kiran/- U