Rabindra Nath Mishra v. The State Of Bihar Through Mr. Chaitanya Prasad Principal Secretary Department Of Cooperative Govt.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.91 of 2016 In Miscellaneous Jurisdiction Case No. 4663 of 2014 ======================================================
1. Rabindra Nath Mishra Son of late Narmadeshwar Mishra, Resident of Village - Bela, Post Office - Aurangabad, Police Station - Aurangabad Muffsil, District - Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar Through Mr. Chaitanya Prasad Principal Secretary Department of Cooperative Govt. of Bihar, New - Secretariat, Patna - 800001.
2. Mr. Ajay Kumar Choudhary, Registrar, Co-operative Societies, Bihar Patna, New Secretariat, Patna - 800001.
3. Mr. Indiwar Pathak, Managing Director, District Central Co-operative Bank, Aurangabad.
4. Mr. Sanjay Kumar Singh, Chairman,
5. Mr. Suresh Kumar Singh, Vice - Chairman,
6. Mr. Mahendra Prasad Singh, Director,
7. Mr. Rambachan Bhagat, Director,
8. Sri Ganesh Shankar Vidyarthi, Director,
9. Sri Abhiram Prasad, Director,
10. Sri Ravindra Kumar Sinha, Director
11. Sri Rajeev Kumar Vidyarthi, Director
12. Sri Ramsuchit Ram, Director
13. Sri Lalan Ravidas, Director,
14. Smt. Chandramawati Devi, Director
15. Smt. Nitu Kumari, Director
16. Sri Indiwar Pathak, Managing Director Cum Ex-Officio Member of the Board, null Opposite Party no. 4 to 16 are members of Board of Directors, District Central Co-operative Bank, Aurangabad. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Pathak For the Respondent/s : Mr. Kumari Amrita ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-02-2017 MJC NO. 4663 of 2014 was disposed of by an order dated 22.07.2015 in the light of supplementary show cause reply filed on behalf of Opposite party No.2 in that case,
wherein decision of the Board of Directors of Aurangabad District Central Co-operative Bank Limited dated 20.07.2015 was brought on record..
The matter related to grant of promotion to the petitioner. It seems that he has been granted promotion with effect from 12.06.2013. It is the grievance of the petitioner that though promotion has been granted, salary on the basis of promotion is not being paid. Strictly speaking, no case of deliberate disobedience of this Court's order is made out on the allegation that salary on the basis of promotion is not being paid since there was no such direction in the order. However, I do not find any reason why, after having granted promotion to the post of Scale-III in the Bank, the respondents will not pay him pay scale and salary attached to the said post. For every relief a person should approach this Court is not a very happy situation. This application is thus, disposed of with the only observation that the Managing Director, Central Co-operative Bank, Aurangabad shall ensure that the petitioner is not compelled to approach this Court seeking direction for payment of salary and he should take decision within a period of three months from today.
(Chakradhari Sharan Singh, J) ArunKumar/-s U