Patna High Court - Orders
The Managing Director Bihar State ... vs Gyan Chand Prasad & Ors on 18 June, 2014
Bench: Chief Justice, Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.462 of 2013
In
Civil Writ Jurisdiction Case No. 16881 of 2007
With
Interlocutory Application No.2678 of 2013
In
Letters Patent Appeal No.462 of 2013
======================================================
1. The Bihar State Co-Operative Marketing Union Ltd. Through its
Chairman Biscomaun, Patna-6
2. The Managing Director, Bihar State Co-Operative Marketing Union
Ltd., Biscomaun Bhawan, Patna
3. The Secretary, Bihar State Co-Operative Marketing Union Ltd.,
Biscomaun Bhawan, Patna
4. The Finance Controller, Bihar State Co-Operative Marketing Union Ltd.,
Biscomaun Bhawan, Patna
5. The Account Officer, Bihar State Co-Operative Marketing Union Ltd.,
Biscomaun Bhawan, Patna
6. The Special Officer (Establishment) , Bihar State Co-Operative
Marketing Union Ltd., Biscomaun Bhawan, Patna
.... .... Appellants
Versus
1. Kanhaiya Prasad Srivastava S/O Late Babu Lal Prasad Verma R/O
Village and P.O.- Rukundipur, P.S.- Dareunda and District- Siwan
2. The State of Bihar
3. The Chief Secretary, Government of Bihar, Patna
4. The Secretary Department of Co-Operative, Government Of Bihar, Patna
5. The Registrar, Co-Operative Societies, New Secretariat, Patna
.... .... Respondents
======================================================
with
Letters Patent Appeal No.588 of 2013
In
Civil Writ Jurisdiction Case No. 16412 of 2007
With
Interlocutory Application No. 3438 of 2013
In
Letters Patent Appeal No.588 of 2013
======================================================
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
2/12
1. The Bihar State Cooperative Marketing Union Ltd. Through its
Chairman, Biscomaun Bhawan, Patna l
2. The Managing Director, Bihar State Cooperative Marketing Union Ltd.
Biscomaun Bhawan, Patna
3. The Secretary, Bihar State Cooperative Marketing Union Ltd. Biscomaun
Bhawan, Patna
4. The Finance Controller, Bihar State Cooperative Marketing Union Ltd.
Biscomaun Bhawan, Patna Null Null
5. The Account Officer, Bihar State Cooperative Marketing Union Ltd.
Biscomaun Bhawan, Patna
6. The Special Officer (Establishment), Bihar State Cooperative Marketing
Union Ltd. Biscomaun Bhawan, Patna
.... .... Appellants
Versus
1. Asha Devi Widow of Late Mithlesh Prasad Resident of Village
Sheikhpura (Ghosi) P.S. Ghosi and District Jehanabad
2. The State of Bihar
3. The Chief Secretary, Government of Bihar, Patna
4. The Secretary, Department of Co-Operative , Government of Bihar, Patna
5. The Registrar, Cooperative Societies, New Secretariat, Patna
.... .... Respondents
======================================================
with
Letters Patent Appeal No.946 of 2013
IN
Civil Writ Jurisdiction Case No. 14963 of 2008
With
Interlocutory Application No. 5530 of 2013
In
Letters Patent Appeal No.946 of 2013
======================================================
1. The Managing Director, Bihar State Co-Operative Marketing Union,
Biscomaun Bhawan, Patna
2. The Finance Controller, Bihar State Co-Operative Marketing Union,
Biscomaun Bhawan, Patna
.... .... Appellants
Versus
1. Gyan Chand Prasad Son of Late Sheo Shankar Prasad Resident of
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
3/12
Village- Asani, P.S.- Udwant Nagar, District- Bhojpur at Arrah Night
Guard, Range Office, Biscomaun, Arrah...Petitioner -Respondent 1st set
2. The State of Bihar Through The Chief Secretary, Bihar, Patna.
3. The Commissioner Cum Secretary, Co-Operative Department,
Government of Bihar, Patna
4. The Commissioner Cum Secretary, Finance Department, Government of
Bihar, Patna
.... .... Respondents/Respondents 2nd set
======================================================
with
Letters Patent Appeal No.823 of 2013
IN
Civil Writ Jurisdiction Case No. 16333 of 2007
With
Interlocutory Application No. 4747 of 2013
In
Letters Patent Appeal No.823 of 2013
======================================================
1. The Bihar State Cooperative Marketing Union Ltd. Through its
Chairman, Biscomaun, Patna
2. The Managing Director, Bihar State Cooperative Marketing Union Ltd.,
Biscomaun Bhawan, Patna
3. The Secretary, Bihar State Cooperative Marketing Union Ltd.,
Biscomaun Bhawan, Patna
4. The Finance Controller, Bihar State Cooperative Marketing Union Ltd.,
Biscomaun Bhawan, Patna
5. The Account Officer, Bihar State Cooperative Marketing Union Ltd.,
Biscomaun Bhawan, Patna
6. The Special Officer (Establishment) Bihar State Cooperative Marketing
Union Ltd., Biscomaun Bhawan, Patna
.... .... Respondents-Appellants
Versus
1. Narendra Prasad Sinha Son of Late Shyam Nandan Prasad Singh
Resident of Village and P.S. Govind Pitoughia, P.O. Bhadai and District
Sitamarhi, at Present Residing at Mohalla- Bibiganj, Gandhi Nagar, Road
No. 2, P.O. Bhagwanpur, District Sadar, Muzaffarpur, District Muzaffarpur
......... Petitioner-Respondent
2. The State of Bihar
3. The Chief Secretary, Government of Bihar, Patna
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
4/12
4. The Secretary, Department of Co-Operative, Government of Bihar, Patna
5. The Registrar, Cooperative Societies, New Secretariat, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.940 of 2013
IN
Civil Writ Jurisdiction Case No. 5916 of 2007
With
Interlocutory Application No.5466 of 2013
In
Letters Patent Appeal No.940 of 2013
======================================================
1. The Bihar State Cooperative Marketing Union Ltd Through its Chairman,
Biscomaun Bhawan, Patna
2. The Managing Director, Bihar State Cooperative Marketing Union Ltd,
Biscomaun Bhawan, Patna
3. The Finance Controller, Bhawan Bihar State Cooperative Marketing
Union Ltd. Biscomaun, Patna
.... .... Respondents- Appellants
Versus
1. Nand Kishore Singh Son of Late Binda Singh Resident of Village Seori
Gopinathpur, P.O. Bahilbara Gobind, P.S. Saraiya, District Muzaffarpur at
present posted at Bisco-Jute, Murliganj, Madhepura as Grader
2. The State of Bihar Through its Chief Secretary, Bihar, Patna
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.591 of 2013
In
Civil Writ Jurisdiction Case No. 15449 of 2007
With
Interlocutory Application No. 3453 of 2013
In
Letters Patent Appeal No.591 of 2013
======================================================
1. The Chairman, Bihar State Cooperative Marketing Union Ltd.,
Biscomaun Bhawan, Patna
2. The Secretary, Department of Co-Operative, Government of Bihar, Patna
3. The Managing Director, Bihar State Co-Operative Marketing Union Ltd.,
Biscomaun Building, Patna
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
5/12
4. The Secretary, Bihar State Co-Operative Marketing Union Ltd.,
Biscomaun Building, Patna
5. Deputy Managing Director, Bihar State Co-Operative Marketing Union
Ltd., Biscomaun Building, Patna
6. Finance Controller, Bihar State Co-Operative Marketing Union Ltd.,
Biscomaun Building, Patna
7. Account Officer, (Establishment), Bihar State Co-Operative Marketing
Union Ltd., Biscomaun Building, Patna
8. Special Officer (Establishment), Bihar State Co-Operative Marketing
Union Ltd., Biscomaun Building, Patna
9. Manager, Biscomaun, C.C.A. Depot, Maharjganj, Siwan
.... .... Respondents- Appellants
Versus
1. Chhathu Lal, Son of Late Duli Lala, Resident of Village Nawalpur, P.O.
and P.S. Maharajganj, Siwan
2. The State of Bihar
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.651 of 2013
In
Civil Writ Jurisdiction Case No. 12054 of 2004
With
Interlocutory Application No. 3886 of 2013
In
Letters Patent Appeal No. 651 of 2013
======================================================
1. The Managing Director, Biscomaun, West Gandhi Maidan, Patna.
2. The Accounts Officer, Biscomaun, West Gandhi Maidan, Patna.
.... .... Respondents-Appellants
Versus
1. Paras Nath Singh, Son of Dahari Singh, Resident of Village Ekdarwa,
P.O.- Mahdah, P.S.- Buxar, District- Buxar...Petitioner-Respondent
2. The State of Bihar.
.... .... Respondents-Respondents
======================================================
with
Letters Patent Appeal No.664 of 2013
In
Civil Writ Jurisdiction Case No. 12888 of 2004
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
6/12
With
Interlocutory Application No. 3871 of 2013
In
Letters Patent Appeal No. 664 of 2013
======================================================
1. The Bihar State Co-Operative Marketing Union Limited (Biscomaun),
West Gandhi Maidan, Patna., Represented Through Managing Director,
Biscomaun, West Gandhi Maidaan, Patna. (Respondent No. 3 of Writ)
2. The Managing Director, Biscomaun, West Gandhi Maidan, Patna.
3. The Board of Directors, Biscomaun, West Gandhi Maidan, Patna.
4. The Secretary, Biscomaun, West Gandhi Maidan, Patna.
.... .... Appellant/s
Versus
1. Ram Pravesh Singh, Son of Late Sita Ram Singh, Resident of Mohalla-
Shaliimpur Ahra, P.S.- Kadam Kuan, District- Patna.
2. Ram Balak Pandit, Son of Sri Amrit Pandit Resident of Mohalla- Shiva
Nagar Colony, West Central Jail, Beur, P.S.- Phulwarisharif, Patna-2.
3. Anil Prasad Singh, Son of Shri Naresh Mandal, Resident of Mohalla-
Chitragupta Nagar, P.S.- Patrakar Nagar, District- Patna.
4. Harsh Narayan Mishra, Son of Kamla Kant Mishra, Resident of Village-
Hanuman Nagar, P.S.- Babubarhi, District- Madhubani.
5. Deogiri Orderly, Son of Late Sudin Yadava, Resident of Village- Dhan
Singhra, P.S.- Khijarsarai, District- Gaya.
6. Pashupati Singh, Orderly, Son of Late Brijlal Singh, Resident Of Village-
Pirouna, P.S.- Garkha, District- Chapra, Presently at Govindpur, Khagoul,
Patna.
7. Raj Kumar Singh, Night Guard, Biscomaun, Patna, Son of Late Chandra
Deo Singh, Resident of Village- Sarwan, P.S.- Masourhi, District- Patna.
8. Parasnath Singh, Night Guard, Biscomaun, Patna Head Quarter, Son of
Ekdarwan. P.S.- Buxar, District- Buxar.
9. Ram Swaroop Mandal, Orderly, Biscomaun, Patna Head Quarter, Son of
Late Bangar Mandal Resident of Village- Imadpatti, P.S.- Bhairavsthan,
District- Madhubani.
.... .... Petitioners- Respondents
10. The State of Bihar represented through Secretary, Co-Operative
Department, New Secretariat, Patna ........ Respondent-Respondent
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
7/12
======================================================
with
Letters Patent Appeal No.673 of 2013
In
Civil Writ Jurisdiction Case No. 15059 of 2007
With
Interlocutory Application No. 3884 of 2013
In
Letters Patent Appeal No.673 of 2013
======================================================
1. Bihar State Cooperative Marketing Union Ltd. Through its Chairman
Biscomaun Bhawan, Patna.
2. Managing Director, Bihar State Co-Operative Marketing Union Ltd.,
Biscomaun Bhawan, Patna.
3. Secretary, Bihar State Co-Operative Marketing Union Ltd., Biscomaun
Bhawan, Patna.
4. Finance Controller, Bihar State Co-Operative Marketing Union Ltd.,
Biscomaun Bhawan, Patna.
5. Depot Manager, C.C.A. Depot Biscomaun, Jehanabad.
6. Range Office, (Biscomaun), Gaya.
.... .... Respondents-Appellants
Versus
1. Dwarika Prasad, Son of Saudagar Prasad, Resident of Mohalla- Navin
Nagar, P.S. and P.O.- Nawadah and District Nawadah, at present posted
at C.C.A. Depot (Biscomaun) Jehanabad as Asstt. Depot Manager.
.... .... Petitioner- Respondents
======================================================
with
Letters Patent Appeal No.694 of 2013
In
Civil Writ Jurisdiction Case No. 7417 of 2008
With
Interlocutory Application No. 4002 of 2013
In
Letters Patent Appeal No.694 of 2013
======================================================
1. The Managing Director, Bihar State Co-Operative Marketing Union,
Biscomaun Bhawan, Patna
2. The Finance Controller, Bihar State Co - Operative Marketing Union,
Biscomaun Bhawan, Patna
.... .... Respondents- Appellants
Versus
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
8/12
1. Ashok Kumar Ram, Son of Late Moti Lal, Resident of Village -
Kalyanpur, P.O. Kalyanpur, P.S. Bihiyan, District - Bhojpur at Arrah, Night
Guard, C.C.A. Depot. Biscomaun, Buxar...Petitioner/Respondent 1st set
2. The State of Bihar Through The Chief Secretary, Bihar, Patna
3. The Commissioner Cum Secretary, Co - Operative Department,
Government of Bihar, Patna
4. The Commissioner Cum Secretary, Finance Department, Government of
Bihar, Patna
.... .... Respondents 2nd set/Respondents
======================================================
with
Letters Patent Appeal No.702 of 2013
In
Civil Writ Jurisdiction Case No. 1323 of 2008
With
Interlocutory Application No. 4078 of 2013
In
Letters Patent Appeal No.702 of 2013
======================================================
1. The Bihar State Cooperative Marketing Union Ltd through its
Chairman, Biscomaun Bhawan, Patna
2. The Managing Director, Bihar State Co-operative Marketing Union Ltd.
Biscaumaun Bhawan, Patna
3. 3. The Secretary, Bihar State Co-operative Marketing Union Ltd.
Biscaumaun Bhawan, Patna
4. The Finance Controller, Bihar State Co-operative Marketing Union Ltd.
Biscaumaun Bhawan, Patna
5. The Accounts Officer (Establishment), Bihar State Co-operative
Marketing Union Ltd. Biscaumaun Bhawan, Patna
6. Special Officer (Establishment), Bihar State Co-operative Marketing
Union Ltd. Biscaumaun Bhawan, Patna
.... .... Respondents-Appellants
Versus
1. Mostt. Giriji Devi ,widow of Late Ram Swaroop Prasad, resident of
village Moriama, PO Hazrat Sain, PS Dhanarua District Patna
.... .... Petitioner- Respondent 1st set
2. The State of Bihar
3. The Chief Secretary, Govt. of Bihar, Patna
4. The Secretary, Department of Co-operative, Govt. of Bihar, Patna
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
9/12
5. The Registrar, Co-operative Societies, New Secretariat, Patna
...Respondents- Respondent 2nd set
======================================================
with
Letters Patent Appeal No.688 of 2013
In
Civil Writ Jurisdiction Case No. 5384 of 2013
With
Interlocutory Application No. 3995 of 2013
In
Letters Patent Appeal No.688 of 2013
======================================================
1. The Bihar State Co-Operative Marketing Union Through its Chairman,
Biscomaun Bhawan, Patna.
2. The Secretary, Bihar State Co-Operative Marketing Union, Biscomaun
Bhawan, Patna.
3. The Managing Director, Bihar State Co-Operative Marketing Union,
Biscomaun Bhawan, Patna.
4. The Finance Controller, Bihar State Co-Operative Marketing Union,
Biscomaun Bhawan, Patna.
5. The Accounts Officer, (Establishment), Bihar State Co-Operative
Marketing Union, Biscomaun Bhawan, Patna.
.... .... Respondents-Appellants
Versus
Rajesh Kumar Singh, S/O Late Jagdish Prasad Singh, Resident of Mohalla-
Bhatta Road, Bhikhanpur, Town- Bhagalpur, District- Bhagalpur.
.... ....Petitioner- Respondent
======================================================
with
Letters Patent Appeal No.818 of 2013
IN
Civil Writ Jurisdiction Case No. 16069 of 2008
With
Interlocutory Application No. 4713 of 2013
In
Letters Patent Appeal No.818 of 2013
======================================================
1. The Managing Director, Bihar Co-Operative Marketing Union
Biscomaun Bhawan, Patna
2. The Finance Controller, Bihar State Co-Operative Marketing Union,
Biscomaun Bhawan, Patna.
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014
10/12
.... .... Respondents- Appellants
Versus
1. Ram Charitra Singh Son of Sita Singh, Resident of Village- Dhanar,
P.S.- Chandradeep, District- Jamui, Terminated Night Guard, C.C.A. Depot,
Gaya ..........Petitioner-Respondent 1st set
2. The State of Bihar Through The Chief Secretary, Bihar, Patna
3. The Commissioner Cum Secretary, Co-Operative Department,
Government of Bihar, Patna
4. The Commissioner Cum Secretary Finance Department, Government of
Bihar, Patna
.... .... Respondents 2nd set-Respondents
======================================================
Appearance :
(In LPA Nos.462 of 2013, 591 of 2013, 651 of 2013, 664 of 2013,
818 of 2013, 673 of 2013, 588 of 2013, 946 of 2013, 823 of 2013,
940 of 2013, 694 of 2013, 702 of 2013 and 688 of 2013)
For the Appellants : Mr. Partha Sarthy, Advocate
Mr. Satyabir Bharti, Advocate
For the Respondent State : Mr. Ashok Kumar Choudhary, AAG 13
Mr. Ajay Bihari Sinha, SC 19
Mr.Neeraj Raj, AC to SC 19
Dr. Anshuman, SC 14
Mr. Anujit Sinha, AC to SC 14
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
17 18-06-2014I A No. 2678 of 2013 in LPA No.462 of 2013 I A No. 3438 of 2013 in LPA No.588 of 2013 I A No. 5530 of 2013 in LPA No.946 of 2013 I A No. 4747 of 2013 in LPA No.823 of 2013 I A No. 5466 of 2013 in LPA No.940 of 2013 I A No. 3453 of 2013 in LPA No.591 of 2013 Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014 11/12 I A No. 3886 of 2013 in LPA No.651 of 2013 I A No. 3871 of 2013 in LPA No.664 of 2013 I A No. 3884 of 2013 in LPA No.673 of 2013 I A No. 4002 of 2013 in LPA No.694 of 2013 I A No. 4078 of 2013 in LPA No.702 of 2013 I A No. 3995 of 2013 in LPA No.688 of 2013 I A No. 4713 of 2013 in LPA No.818 of 2013 These Applications under Section 5 of the Limitation Act have been filed by the appellant Bihar State Co-operative Marketing Union Ltd. for condonation of delay occurred in filing the respective Appeals and for extension of period of limitation.
On the facts and in the circumstances of the case, the delay in each Appeal is condoned. Interlocutory Applications stand disposed of.
This group of appeals have been preferred by the respondent Bihar State Co-operative Marketing Union Ltd. under Clause 10 of the Letters Patent against the common judgment and order dated 16th October 2012 passed by the learned Single Judge in CWJC No. 12888 of 2004 and other writ petitions. The matter at issue is payment of retrial dues of the employees retired from the service of the appellant Union. It is not in dispute that the respondents-writ petitioners were the employees of the appellant Union and that on reaching the age of superannuation they have retired from service. It is also not in dispute that the respondents- writ petitioners are entitled to certain terminal benefits on their retirement. It is also not disputed that the appellant Union has failed to pay such terminal dues.
In the circumstances, the learned Single Judge has directed the appellant to make payment of the terminal dues to the respondents-writ petitioners with interest @ 6% per annum.
Patna High Court LPA No.462 of 2013 (17) dt.18-06-2014 12/12The challenge to the impugned direction is rejected. Learned advocate Mr. Partha Sarthy has appeared for the appellant. He has submitted that in view of the financial crunch suffered by the appellant Union, the appellant is not in a position to make lumpsum payment of the terminal dues of the retired employees and it should be permitted to make payment in installments and that it should not be called upon to pay interest for late payment of terminal dues.
We see no substance in these Appeals. Appeals are dismissed in limine.
(R.M. Doshit, CJ)
(Ashwani Kumar Singh, J)
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