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Patna High CourtCWJC/4770/2011disposed

Ajay Pratap Singh v. The State Of Bihar And ORS

2015-09-14Mr. Justice Mihir Kumar Jha5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16267 of 2007 1.Arun Kumar Singh son of late Chandra Bali Singh, resident of Village Chainpatti, Police Station Gopalganj and District Gopalganj, at present posted as Assistant, Land Development Bank, Lalganj, District Vaishali. .... .... Petitioner/s

Versus

1.The State of Bihar.

2. The Managing Director, Bihar State Co-Operative Land Development Bank, Buddh Marg, Patna with Civil Writ Jurisdiction Case No.12877 of 2008 Shiv Kumar Singh @ Shiv Kr.Pd. Singh son of Late Sharda Prasad Singh, Resident of Village Barahpur, P.O, More, P.S. Mokamah, District Patna. .... .... Petitioner/s

Versus

1. The State Of Bihar through the Registrar, Co-operative Societies, Bihar, Patna.

2. The Registrar Co-Operative Societies, Bihar, Patna

3. The Bihar State Co-Operative Land Development Bank Ltd. Budh marg, Patna through its Chairman.

4. The Chairman, Bihar State Co-Operative Land Development Bank Ltd, Budh Marg, Patna.

5. The Managing Director, the Bihar State Co-Operative Land Development Bank Ltd, Budh Marg, Patna.

with Civil Writ Jurisdiction Case No.4770 of 2011

1. Ajay Pratap Singh Son Of Sri Permanand Singh Resident Of Village - Sonepur, P.S. Sonepur, District - Saran (Chapra) At Present Branch Manager, Lalganj Branch, Land Development Bank, District - Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary, Co-Operative Society, Bihar, Patna

3. The Registrar, Co-Operative Society, Bihar, Patna

4. The Chairman, Bihar State Co-Operative Land Development Bank, Bihar, Patna

5. The Managing Director, Bihar State Co-Operative Land Development Bank, Bihar,Patna with

Civil Writ Jurisdiction Case No.5446 of 2011

1. Lal Bahadur Singh Pundeo Singh Resident Of Village- Konhiya, P.SKasariya, District- East Champaran, At Present Incharge, Branch Manager, Keshariya Branch, District- East Champaran.

.... .... Petitioner/s

Versus

1. The Secretary Co-Operative Society, Bihar, Patna

2. The Registrar, Co-Operative Society, Bihar, Patna

3. The Chairman, Bihar State Co- Operative Land Development Bank, Bihar, Patna.

4. The Managing Director, Bihar State Co-Operative Land Development Bank, Bihar, Patna.

with Civil Writ Jurisdiction Case No.11740 of 2013

1. Bishwa Nath Singh Son Of Late Ram Khewal Singh Resident Of Village - Sobhi Dumra, P.O. Barka Dumra, P.S. Arrah Mufassil, Distt. - Bhojpur .... .... Petitioner/s

Versus

1. The Bihar State Co-Operative Land Development Bank, Budh Marg, Patna

2. The Managing Director, Bihar State Co - Operative Land Development Bank, Budh Marg, Patna

3. The President, Bihar State Co - Operative Land Development Bank, Budh Marg, Patna

4. The Chief Account Officer, Bihar State Co - Operative Land Development Bank, Budh Marg, Patna

5. The Area Manager, Bihar State Co - Operative Land Development Bank, Mangal Pandey Path, In Front Of S.P. Kothi, Arrah, Distt. Bhojpur with Civil Writ Jurisdiction Case No.11804 of 2013

1. Subhas Prasad Singh Son Of Late Sita Ram Singh Resident Of VillageChitar Pakar Lahladchak, P.S. Nayagaon, District- Chapra, At Present Posted As Assistant, Land Development Bank, Dighwara .... .... Petitioner/s

Versus

1. The Managing Director, Multistate Co-Operative Land Development Bank

2. The Area Manager, The Multistate Co-Operative Land Development Bank, Chapra

Appearance :

(In CWJC No.16267 of 2007) For the Petitioner/s : Mr. D.K.Tondon, Adv For the State : Mr. P.K Singh, Adv For the respondent Bank : Mr. Rajesh Pd.Choudhary (In CWJC No.12877 of 2008) For the Petitioner/s : Mr. Birendra Prasad, Adv & Mr. Arun Kumar Lal, Adv For the State : Mr. Kaushal Kumar Jha AAG-14 For respondent Bank : Mr. Rajesh Prasad Choudhary, Adv (In CWJC No.4770 of 2011) For the Petitioner/s : Mr. Dilip Kumar Tondon, Adv For the State : Mr. Manoj Kr. Ambasta GP14 & Mr. Sanjay Kumar Pandey AC to GP-14 For the respondent Bank: Mr. Rajesh Prasad Chaudhary, Adv (In CWJC No.5446 of 2011) For the Petitioner/s : Mr. Dilip Kumar Tondon, Adv For the Respondent Bank: Mr. Rajesh Prasad Choudhary, Adv (In CWJC No.11740 of 2013) For the Petitioner/s : Mr. Gopal Govind Mishra, Adv For the respondent Bank: Mr.

Rajesh Prasad Chaudhary, Adv (In CWJC No.11804 of 2013) For the Petitioner/s : Mr. D.K Tandon, Adv For the respondent Bank: Mr. Rajesh Prasad Chaudhary, Adv CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 14-09-2015 Heard learned counsel for the parties in all these cases. The grievance of the petitioners as against their employer-Multi State Sahkari Co-operative Land Development Bank, is to the extent of payment of their salary, emoluments and allowances.

Mr. Rajesh Prasad Choudhary, learned counsel

appearing for the respondent- Multi State Sahkari Cooperative Land Development Bank, comes to raise preliminary objection as with regard to maintainability of these writ applications by citing judgment of the Special Bench in the case of The Organizer , Dehri C.D. & C.M. Union Limited vs The State of Bihar & Ors, reported in 2014(1) PLJR 695, as also the Land Development Bank a Central Multi State Co-operative Society and thus its employees have alternative remedy of raising the dispute relating to their service condition before the Central Registrar in terms of Section-84 of the Multi State Co-operative Society Act. He has also relied on an order of this Court dated 01.07.2015 in C.W.J.C No. 440 of 2014 ( Ran Vijay Singh Karn vs Multi State Co-operative Land Development Bank), wherein, similar writ petitions have been held to be not maintainable and liberty has been given to the petitioners to raise their grievance before the Central Registrar under the Multi State Co-operative Society Act.

Learned counsel for the petitioners are not in position to distinguish the aforementioned order of this Court nor they can come out to distinguish the judgment of the Special Bench in the case of The Organizer , Dehri C.D. & C.M. Union Limited (supra).

That being so, this Court in view of its earlier order dated 01.07.2015 in the case of Ranvijay Singh Karn (supra) and its analogous cases, while holding the writ petitions to be not maintainable, would only give liberty to the petitioners to file their representation before the Central Registrar of the Multi State Co-operative Society, who shall examine the same and do the needful as is enjoined upon him under Section-84 of the Multi State Co-operative Society Act.

With the aforementioned observation and direction, these writ applications are disposed of. (Mihir Kumar Jha, J) Ranjan/- U