Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17115 of 2024 ====================================================== Arvind kumar son of late Gaukaran Singh Resident of Mohalla - Professor Colony, Hisua, P.S - Hisua, District - Nawadah. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Cooperative, Government of Bihar, Patna. 2.

The Registrar, Co-operative Society, Bihar, Patna. 3.

The Managing Director, The Nawadah Central Co- operative Bank Ltd., Nawadah.

4.

The Chairman, The Nawadah Central Co-operative Bank Ltd., Nawadah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the State :

Mr. Raghwanand, GA-11 :

Mr. Pratik Kumar, AC to GA-11 For Bank :

Mr. Bindhyachal Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-11-2024 Heard Mr. Arun Kumar, learned Advocate for the petitioner and Mr. Bindhyachal Rai, learned Advocate for the Nawada Central Co-operative Bank Ltd. The State is represented by Mr. Pratik Kumar, learned Advocate.

2. The petitioner by invoking the jurisdiction of this Court seeking a direction upon the respondent Central Cooperative Bank Ltd. to extend the benefit of 10th pay scale w.e.f. 01.04.2024 as well as differences of salary accrued on account of grant of the same.

3. Learned Advocate for the petitioner contended that despite the fact that the employees of the Nawada Co-operative

Patna High Court CWJC No.17115 of 2024(2) dt.12-11-2024 2/3 Bank and others have been extended the benefit of 10th pay scale, after getting it approved from the competent authority w.e.f. 01.04.2024, the petitioner has been deprived of the same without assigning any reason.

4. At the outset, learned Advocate for the Cooperative Bank made preliminary objection with regard to the maintainability of the writ petition and submitted that the petitioner has appropriate alternative remedy before the Registrar Co-operative Society, Bihar, Patna under Section 48 of the Co-operative Act, 1948.

5. At this juncture, learned Advocate for the petitioner submits that the petitioner had already approached before the Registrar Co-operative Society, Bihar, Patna by filing a representation through the registered post on 10.09.2024.

6. Considering the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the fact that the petitioner has appropriate remedy available before the Registrar Co-operative Society under the Act, 1948; and he has already filed a representation, which is pending consideration before him, this Court without delving into the merit of the case dispose off the writ petition with a direction upon the respondent no. 2 to take up the case of the petitioner

Patna High Court CWJC No.17115 of 2024(2) dt.12-11-2024 3/3 and dispose off the same after giving proper opportunity of hearing to all the concern, preferably within a period of three months, from today.

7. The writ petition stands disposed off.

(Harish Kumar, J.) Jyoti Kumari/- U