Dhrupan Rout @ Dhupan Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11157 of 2025 ====================================================== Dhrupan Rout @ Dhupan Raut son of Late Gurucharan Ram @ Gurucharan Raut, resident of Village-Bathna Naya Tola, Belbanwan, P.S.-Bairia, DistrictBettiah (West Champaran), Bihar. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Food and Civil Supply, Government of Bihar, Patna.

3.

The Chairman cum Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, Bir Chand Patel Path, Patna-800001. 4.

The Chief of Administation, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, Bir Chand Patel Path, Patna-800001. 5.

The Chief of Finance, Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, Bir Chand Patel Path, Patna-800001. 6.

The District Manager, Bihar State Food Corporation, Samastipur. 7.

The Accountant General, Bihar, Birchand Patel Marg, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogendra Kumar Dwivedi, Adv.

For the Respondent/s :

Mr. Mujtabaul Haque, GP-12 For the BSFC :

Mr. Shailendra Kumar Singh, Adv.

Mrs. Shilpi Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 22-07-2025 Heard the parties.

2. The petitioner is aggrieved with the action of the respondent Bihar State Food and Civil Supplies Corporation Limited in not extending the arrears of salary and other retiral benefits in the revised pay scale, compelling him to approach this Court.

3. From the materials available on record, it appears

2/4 that aggrieved with the order of dismissal, the petitioner had approached this Court in CWJC No. 10974 of 2005, which came to be allowed by a Bench of this Court vide order dated 22.03.2018, as follows:- "13. In the result, the writ petition is allowed. The order of Disciplinary Authority as well as Reviewing Authority is set aside and the respondents are directed to pay full salary for the intervening period from the date of dismissal of petitioner till the date of his superannuation. The petitioner is also entitled for salary for the period during which he remained suspended and only subsistence allowance was paid to him.

14. The petitioner is also entitled for all post retirement benefits and same should be sanctioned and paid within three months from the date of production/receipt of copy of this order.

15. Writ petition stands allowed."

4. The challenge to the order aforenoted by the Bihar State Food and Civil Supplies Corporation Limited also failed before the learned Division Bench in LPA No. 1391 of 2018 vide order dated 05.12.2023. The learned Division Bench also observe that if the appellant Corporation have not settled dues of the respondent, in the light of the order of the learned Single Judge, the same shall be settled within a period of three months from the date of receipt of this order.

5. Learned Advocate for the Bihar State Food and Civil Supplies Corporation Limited referring to Annexure-P/3

3/4 has submitted that in compliance with the order of this Court, prima facie, it appears that all the admissible dues have been paid to the petitioner.

6. The aforesaid fact has been confronted by learned Advocate for the petitioner and submission has been made that the order of this Court has not been complied in its letter and spirit and, moreover, the petitioner has been not accorded the benefits in the revised pay scale and hence, he has to approach this Court.

7. Having considered the submissions set forth by learned Advocate for the respective parties, prima facie, this Court is of the opinion that the petitioner should approach before the Court under contempt jurisdiction if the order of this Court has not been complied in its letter and spirit. However, considering the fact that the grievance of the petitioner is confined to the extent that he has not been accorded the admissible dues in revised pay scale, this Court deems it fit and proper to dispose off the writ petition with a direction to the respondent no. 3 to consider the claim of the petitioner, as raised in the present writ petition and pass a reasoned and speaking order, preferably within a period of eight weeks, from the date of receipt/production of a copy of this order.

4/4

8. Suffice it to observe that in case the admissible salary and retiral dues are required to be paid in the revised pay scale, the same must be done within the stipulated period.

9. The writ petition stands disposed off.

(Harish Kumar, J) shivank/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.07.2025 Transmission Date NA