Harendra Kumar v. Mr. S. D. Mehta, Chairman Cum Managing Director, Biscomaun, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3338 of 2017 In Civil Writ Jurisdiction Case No.8098 of 2005 ====================================================== Harendra Kumar Son of Late Saryu Prasad Singh, Resident of VillageSarathua, P.S.- Udawantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

Mr. S. D. Mehta, Chairman Cum Managing Director, Biscomaun, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Narayan Rai, Advocate For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 30-11-2022 This petition has been filed alleging non-compliance of the order dated 09.07.2007, passed in C.W.J.C. No. 8098 of 2005, titled as Harendra Kumar Vs. The Chairman, BISCOMAN & Ors., by a learned Single Bench of this Court. Having heard learned counsel for the parties, this Court is of the considered view that there has been neither any adjudication nor determination of the petitioner's rights or quantum of payment of salary/remuneration, to be paid to the petitioner. The exercise of determination of the amount stands carried out by the respondent de hors the orders passed by this Court though not to the petitioner's liking or acceptance. It is a matter of record that a sum of Rs.2,79,976/- stands paid by the respondents to the petitioner. In this view of the matter, it cannot be said that

Patna High Court MJC No.3338 of 2017(9) dt.30-11-2022 2/2 there is any disobedience, much less wilful at that, on the part of the respondents.

As such, petition is disposed of, reserving liberty to the petitioner to agitate the surviving issue in an appropriate proceeding, if so required and desired.

(Sanjay Karol, CJ) K.C.Jha/DKS U