Jainul Khan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14677 of 2013 ======================================================
1. Lallu Prasad Singh S/O Late Raj Keshwar Singh Resident Of Village Barki Mahuli- Via- Takiya Bazar, District- Rohtas. .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Principal Secretary, Department Of Co- Operative, Government Of Bihar, Patna.
3. Registrar, Co- Operative Society, Government Of Bihar, Patna.
4. Bihar State Co- Operative Marketing Union Limited, Gandhi Maidan, Biscoman Bhawan, Police Station- Gandhi Maidan, District- Patna.
5. Managing Director Biscoman, Biscoman Bhawan, Police Station Gandhi Maidan, District- Patna.
.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17558 of 2013 ======================================================
1. Jainul Khan Son Of Late Abdul Pharikhan Resident Of Village Belarhi, Post- More Sarai, Police Station Darigaon, District Rohtas .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Principal Secretary, Department Of Co-Operative, Government Of Bihar, Patna
3. Registrar, Co-Operative Society, Government Of Bihar, Patna
4. Bihar State Co-Operative Marketing Union Limited, Gandhi Maidan, Biscoman Bhawan, Police Station Gandhi Maidan, District Patna
5. Managing Director Biscoman, Biscoman Bhawan, Police Station Gandhi Maidan, District Patna .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.17389 of 2013 ======================================================
1. Nand Kishore Singh Son Of Late Rama Shankar Singh Resident Of Village And P.O. Kanchanpur, Police Station Sasaram, District - Rohtas .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Principal Secretary, Department Of Co - Operative, Government Of Bihar, Patna
3. Registrar, Co - Operative Society, Government Of Bihar, Patna
4. Bihar State Co - Operative Marketing Union Limited, Gandhi Maidan, Biscoman Bhawan, Police Station Gandhi Maidan, District - Patna
Patna High Court CWJC No.14677 of 2013 (4) dt.01-03-2016 2/3
5. Managing Director Biscoman, Biscoman Bhawan, Police Station Gandhi Maidan, District - Patna .... .... Respondent/s ====================================================== Appearance :
(In CWJC No.14677 of 2013) For the Petitioner/s : Mr. Jitendra Prasad Singh For the Respondent/s : M/s Kuber Pathak and Harsh Singh (In CWJC No.17558 of 2013) For the Petitioner/s : Mr. Jitendra Prasad Singh For the Respondent/s : Mr. Manoj Kr. Ambastha (In CWJC No.17389 of 2013) For the Petitioner/s : Mr. Jitendra Prasad Singh For the Respondent/s : Mr. Ashish Giri, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-03-2016 Heard the parties.
In the present case, petitioners are claiming the salary as well as the retiral dues.
In the aforesaid cases as similar issues are involved, they are being disposed of by this common order. In the present case, a counter affidavit has been filed by the Biscomaun where in paragraph 5 it has been stated that respondents are legally bound to pay the salary and retiral dues, but due to financial crunch, the payment of dues salary cannot be made at a time. As per the order passed by this Court in MJC No. 5214 of 2012, a sum of Rs. 50,000/- each has been paid against the dues salary and remaining amount of dues salary will be paid as per seriatim.
In view of this statement, petitioners must feel
Patna High Court CWJC No.14677 of 2013 (4) dt.01-03-2016 3/3 satisfied that respondents are not fleeing away to pay off the salary and retiral dues, but they are taking time due to financial condition of the Biscomaun.
This Court is satisfied that the payment would be made in seriatim, cannot give direction for preference to the petitioners over their seniors. Whenever their turn will come, this Court trusts and hopes, the respondents will pay the amount of salary and retiral dues to the petitioners in accordance with law. With the above observation/direction, this petition is disposed of.
(Shivaji Pandey, J) Mahesh/- U