Devendra Kumar Singh v. Bihar State Khadi Gramodyog Board

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21408 of 2019 ====================================================== Devendra Kumar Singh S/o Late Raja Ram Singh Resident of VillageDhamaut, P.O.- Sarharwa, P.s.- Mairwa, District- Siwan ... ... Petitioner

Versus

1.

Bihar State Khadi Gramodyog Board, Patna through its Chairman 2.

The Saran Zila Khadi Gramodyog Sangh, Head Office- Salempur, Chhapra, through its Mantri 3.

Mantri Saran Zila Khadi Gramodyog Sangh, Salempur, Chhapra 4.

Administrator District Khadi Gramodyog Sangh, Sahajitpur Center, Saran 5.

Accountant Saran Zila Khadi Gramodyog, Head Office- Salempur, Chhapra ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Respondent/s :

Dr. Anand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and learned counsel for the Bihar Khadi Gramodyog Board, via video conferencing.

2. The instant writ petition has been filed by the petitioner for direction to the respondent-authorities for payment against the arrears of his salary from April, 2016 to December, 2016, balanced payment of gratuity amount, security deposit, leave encashment amount and medical amount.

3. The respondent no. 1 has filed its counter affidavit wherein it is stated that the petitioner was an employee of the District Khadi Gramodyog Sangh, Center, Sahajitpur (Chapra).

Patna High Court CWJC No.21408 of 2019(3) dt.30-06-2020 2/2 He superannuated from his service on 31.12.2016. The Saran District Khadi Gramodyog Sangh is a private institution. It is a self finance institution which is associated with Khadi Village Commission, Sheikhpura, Patna. It is further stated that the Bihar State Khadi Industries Board has no business with the said Commission.

4. Considering the stand taken by the respondent no. 1, since the grievance of the petitioner is against self finance institution, an application under Article 226 of the Constitution of Indian would not be maintainable.

5. In that view of the matter, the writ petition is disposed of as not maintainable.

6. However, the petitioner would be at liberty to seek redressal of his grievance before appropriate forum. (Ashwani Kumar Singh, J) rohit/- U