Arafat Hussain Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2275 of 2021 ====================================================== Arafat Hussain Chand, Son of Abdul Hafiz, Resident of village- Taran Laxmi, Ward No.3, PS- Pupri, District- Sitamarhi, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar Secretary, Administrative Department Bihar, Patna 2.

The Managing Director, L & T Company Finance Ltd. Bihar, Patna. 3.

The H.R. Manager, L & T Company Ltd. Gandhi Maidan, Bihar, Patna. 4.

The Zonal Head Manager, L & T Company Finance Ltd. Maripur, near Pump House, Muzaffarpur (T.M) 5.

The Tratry Manager (T.M Finance) L & T Company Finance Ltd. Maripur, Near Pump House, Muzaffarpur.

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Respondent/s :

Mrs. Kumari Amrita, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 03-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Heard learned counsel for the parties.

3. In the instant petition, the petitioner has prayed for the following reliefs:

"i) For issuance of writ in the nature of mandamus and directing and commanding the Respondent authorities to make continue payment / salary of the petitioner, in which the authority concern who has made salary in pick and choice basis.

ii) For further direction to respondent authorities to make all Medical expenditure dues for treatment of the petitioner in various Hospitals in India.

Patna High Court CWJC No.2275 of 2021 dt.03-02-2022 2/2 iii) For further direction and for respondent authorities either join to the petitioner as designated post Tertiary Manager (T.M) Sitamarhi or for direction to the respondent authorities to make one-time settlement if the authorities discharge the petitioner from service. iv) Any other relieves as your Lord ship petitioner may deem fit and proper."

4. The petitioner's grievance is that he has not been paid salary by the respondent L & T Company.

5. L & T Company is a Private Entity, therefore, the writ petition under Article 226 of the Constitution of India is not available to the petitioner, since L & T Company would not fall under the definition of Article 12 of the Constitution of India.

6. Accordingly, the present petition stands dismissed reserving liberty to the petitioner to approach appropriate forum. (P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2022 Transmission Date NA