Patna High Court - Orders
Kameshwar Sharan Kumar & Ors vs The State Of Bihar & Ors on 28 April, 2014
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15152 of 2008
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1. Ram Briksh Das , Son of Late Yadu Das, resident of village -Kanhauli
(Azar Kabey Math), PS Mithanpura, in the district of Muzaffarpur
2. Sri Mahendra Singh, Son of Late Mathura Singh, resident of Mohalla-
L. N. Nagar, PS Mithanpura, in the district of Muzaffarpur
3. Binda Ram Son of Late Laldhari Ram, resident of village Kanhauli
(Bishundatt Bela) PS Mithanpura, in the district of Muzaffarpur
4. Sri Bishwakalyan Ganguly, son of Late A.K. Ganguly, resident of R.K.
Ashra Bela, PS Mithanpura, in the district of Muzaffarpur
5. Deepa Rani, Daughter of Late Indu Bhushan Dey, resident of L. N.
Nagar, PS Mithanpura, in the district of Muzaffarpur
6. Ram Briksh Sah Son of Late Ramjee Sah, resident of village Kanhauli
(Bisundat) PS Mithanpura, in the district of Muzaffarpur
7. Rameshwar Prasad Rai, son of Sri Uday Ray, resident of village Raksa
(west Tola) PS Karja district Muzaffarpur
8. Ashok Kumar Son of Late Roop Narayan Lal, resident of village
Maripur School Road PS Kazi Mohammadpur, in the district of
Muzaffarpur
9. Prabhu Nath Paswan, son of Late Ram Lagan Paswan, resident of
village Bela Chhapra PS Bela in the district of Muzaffarpur
10. Baleshwar Ram son of Late Fudena Ram, resident of village Satpura PS
Bhagwanpur district Hajipur
11. Ziyaur Rahman son of Late Nurool Ambya, resident of village
Mithanpur PS Mithanpura, in the district of Muzaffarpur
12. Sri Krishna Kumar Choudhary, son of Sri Radhey Shyam Choudhary,
resident of Kalambagh Road PS Kazi Mohammadpur in the district of
Muzaffarpur
13. Narendra Kumar Yadav, son of Late Upendra Narayan Mandal, resident
of Mohalla- Kanhauli (Bishundatt) Rajpoot Tola, PS Mithanpura, in the
district of Muzaffarpur
14. Shailesh Kumar, Son of Late Kamta Prasad, resident of Mukherjee
Seminary Road, Muzaffarpur, PS Muzaffarpur (town ) in the district of
Muzaffarpur
15. Shanti Devi, wife of Late Sheo Sharan Das , resident of Nagadah
Kapasya Chowk, PS Begusarai town in the district of Begusarai
16. Upendra Jha son of Sri Mahendra Jha, resident of village Sugaipatti, PS
Gaighat in the district of Muzaffarpur
17. Shankar Rai, Son of Late Makhan Rai, resident of village Balahiya, PS
Piyer, in the district of Muzaffarpur
18. Lalita Devi wife of Sri Jawahar Prasad Sah, resident of village Kanhauli
(Bishundatt) Rajpoot Tola, PS Mithanpura, in the district of
Muzaffarpur
19. Motiur Rahman, son of Abdul Latif, resident of Chak Bhikhi, Ps
Maniyari, in the district of Muzaffarpur
20. Ainul Haque, son of Md. Late Usuf, resident of village Islampur PS
Riga district Sitamarhi
21. Smt. Shail Devi, wife of Late Bijendra Choudhary, resident of village
Bela Chapra PS Bela district Muzaffarpur
22. Vijay Chanda Lal Karn, Son of Sri Hari Narayan Lal, PS L. N. Mishra
University, Campus, Rambagh Fort KSBSU, Darbhanga.
Patna High Court CWJC No.15152 of 2008 (5) dt.28-04-2014
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.... .... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, department of
Industry, Government of Bihar, Patna
2. The Special Secretary cum Industrial Development Commissioner,
Industry department, Government of Bihar, Patna
3. The Bureau of Public Enterprises (Finance) Department through its
Chairman, old Secretariat, Government of Bihar, Patna
4. The Bihar Industrial Development Authority through its Managing
Director, Udyog Bhawan, East Gandhi Maidan, Patna
5. the Managing Director, the Bihar Industrial Development Authority,
Udyog Bhawan, East Gandhi Maidan, Patna
.... .... Respondents
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with
Civil Writ Jurisdiction Case No.15195 of 2008
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1. Kameshwar Sharan Kumar, Son of Late Saryug Singh, resident of
village Karsa PS Bikram, in the district of Patna
2. Arvind Kumar son of Sri Dilkeshwar Sharma, resident of village
Makarpur, PS Makarpur, in the district of Jahanabad
3. Ram Ranjan Kumar, son of Late Tejendra Das, resident of village Berai,
PO Sarai, PS Sarai in the district of Vaishali
4. Manu Ram, son of Late Godhan Ram, resident of village Nawadan, PS
Dhanarua, in the district of Patna
5. Sheo Sagar Sahu, son of Late Subi Sahu, resident of village Sonupur PS
Rosera in the district of Samastipur
6. Ramjee Prasad, son of Late Thakur Bhagar, resident of village
Belawargan (Dabdar Toli) Patna City PS Alamganj district/ town Patna
7. Dhaneshwar Ram son of Late Jangi Ram, resident of village Daudnagar,
PS Daudnagar district Aurangabad
8. Raghbendra Prasad Singh, son of Late Musafir Sinha, resident of village
Rampur, PS Arwal district Arwal
9. Sita Ram Sahu, son of Late Subi Sahu, resident of village Sonupur PS
Rosera district Samastipur
10. Ashok Kumar son of Late Jitan Ram resident of village Ansabad Ps
Tilaiya district Koderma
11. Ram Sewak Choudhary, son of Late Dwarika Choudhary, resident of
Mohalla Rikabganj PS Malsalami district Patna
12. Anwari Khatoon wife of Late Md. Soyeb Alam, resident of village
Bhainsasur PS Laheri district Nalanda at Biharsharif
13. Arjun Kumar Sinha, son of late Kamleshwari Sahay, resident of B.M.
Das Road, Patna PS Pirbahore, district Patna
14. Uma Shankar Prasad, son of Late Aditya Prasad, resident of
Bajrangpuri, Gulzarbagh PS Sultanganj district/town Patna
15. Ramnat Sah son of Late Kamla Kant Sah, resident of village Aami Ps
Dighwara district Chapra
16. Rajendra Raut, son of Late Kishun Ram resident of village Abulasganj
Machuatoli PS Kadamkuan district Patna
17. Nasiruddin Khan son of Md. Sidhqui Khan resident of village Barahpur
PS Ishaqchak PS Bhagalpur district Bhagalpur
Patna High Court CWJC No.15152 of 2008 (5) dt.28-04-2014
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.... .... Petitioners
Versus
The State of Bihar & Ors
.... .... Respondents
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Appearance :
(In CWJC No.15152 of 2008)
For the Petitioners : Mr. Sunil Kumar
For the Respondents : Mr. Mr. Kumar Priya Ranjan
Mr. Subodh Kr. Mishra AC to GP 7
(In CWJC No.15195 of 2008)
For the Petitioners : Mr. Sunil Kumar
For the Respondents : Mr. (GP6)
Mr. Kumar Priya Ranjan
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
5 28-04-2014The petitioners, employees of Bihar Industrial Area Development Authority (BIADA), seek a direction to the respondents to pay them arrears arising out of implementation of 6th Pay Revision to them w. e. f. 01.04.1997.
It has been contended that the State Government vide its letter No. 3213 dated 22.09.2006 had communicated the decision that benefits of 6th Pay Revision be granted to the employees of BIADA also like any other employee of the State Government. The petitioners have filed representations in this regard to the Managing Director, BIADA.
My attention has been drawn to an order of this court dated 11.05.2007 passed in CWJC No. 8539/2004 whereby, in view of stand taken by the BIADA itself, this court expressed Patna High Court CWJC No.15152 of 2008 (5) dt.28-04-2014 4/5 expectation that the respondents would pay necessary revised pay scale to the employees of BIADA in terms of the said letter dated 22.09.2006. Learned counsel for the petitioners has also drawn my attention to an order dated 19.09.2012 passed on a review petition filed by the BIADA for review of the order dated 11.05.2007 passed by this court in CWJC No. 8539/2004 whereby the said review petition was dismissed with an observation that the said order was passed in view of a particular stand taken by the BIADA. Learned counsel for the petitioners submits that petitioner of that CWJC No. 8539/2004 has been given the benefits of 6th Pay Revision w.e.f. 01.04.1997 and cases of the petitioners cannot be treated differently.
Learned counsel appearing on behalf of BIADA, on the other hand, has submitted that the order of this court passed in CWJC No. 8539/2004 dated 11.05.2007 cannot be treated as precedence as it was passed in view of certain stand taken in that case by the BIADA and after realizing the mistake the BIADA had filed review petition. In peculiar facts and circumstances of that case, the review petition was dismissed.
Be that as it may, these writ applications are disposed of with a direction to respondent No.5 to take a final decision upon the petitioners' representations claiming arrears of salary arising Patna High Court CWJC No.15152 of 2008 (5) dt.28-04-2014 5/5 out of introduction of 6th Pay Revision. Such decision must be taken within a period of four months from the date of receipt/ production of a copy of this order.
It is expected that respondent No.5 will consider the petitioners' claim in its entirety including the fact that similarly situated persons has been granted such benefit, though in peculiar facts and circumstances of that cases. If the petitioners are found entitled to such arrears, the arrears must be paid within a period of three months thereafter.
(Chakradhari Sharan Singh, J) BKS/-