Lakshman Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 10402 of 2014 ====================================================== Lakshman Prasad Singh, son of Late Naudeshwar Singh, resident of Village + P.O.- Rampur Diyara, P.S.- Maner, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Co- Operative Department, Bihar, Patna

2. The Bihar State Co- Operative Marketing Union Limited through the Administrator, West Gandhi Maidan, Patna. (Having its registered office at West Lawn, Patna P.S. - Gandhi Maidan, District- Patna)

3. The Administrator, Bihar State Co- Operative Marketing Union Limited, West Gandhi Maidan, Patna

4. The Managing Director, Bihar State Co- Operative Marketing Union Limited, West Gandhi Maidan, Patna

5. The Secretary, Bihar State Co- Operative Marketing Union Ltd., West Gandhi Maidan, Patna

6. The Chief Establishment Officer, State Co- Operative Marketing Union Ltd. West Gandhi Maidan, Patna

7. The Establishment Officer, State Co- Operative Marketing Union Ltd West Gandhi Maidan, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr Ashok Kumar Singh, Advocate For the S t a t e : Mr Ajay Bihari Sinha, GA VIII with Ms Seema Ghazala, AC to GA VIII For the BISCOMAUN : Mr Rakesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 15-01-2018 Heard counsel for the petitioner, BISCOMAUN as well as the respondent-State.

The writ petition has been filed for quashing Memo dated 31.10.2006 whereby services of the petitioner have been terminated.

Parties are in agreement that vide order dated

Patna High Court CWJC No.10402 of 2014 (5) dt.15-01-2018 2/2 01.10.2008 passed in CWJC No 6949 of 2007, the batch of writ petitions filed against the same order of termination dated 31.10.2006 was dismissed in limine in view of the closure of establishment of the BISCOMAUN throughout the State of Bihar. They agree that the matter is covered by the said order dated 01.10.2008 passed in CWJC No 6949 of 2007.

In respect of the relief for arrears of salary, it is submitted by the counsel for the BISCOMAUN that whatever admissible dues of the petitioner and other similarly situated are, the same will be paid in chronological order keeping in view the availability of funds with the BISCOMAUN. Petitioner's case would be considered and anything if found due on account of arrears of salary, the same shall be paid in accordance with the scheme which will be followed by the BISCOMAUN. In view of the aforesaid stand, no further order need be passed in this writ petition. The same is dismissed. (Madhuresh Prasad, J) M.E.H./- U