Patna High Court - Orders
Shivani Kaushik vs Union Of India on 14 September, 2021
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.353 of 2021
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Shivani Kaushik
... ... Petitioner/s
Versus
Union of India
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 5713 of 2020
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Bihar Local Bodies Employee Federation
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9639 of 2021
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Gaurav Kumar Singh
... ... Petitioner/s
Versus
The Union of India
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12598 of 2021
======================================================
Harihar Prasad
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 353 of 2021)
For the Petitioner/s : Ms. Shivani Kaushik (In Person)
Mr. Mrigank Mauli, Amicus Curiae
Ms. Parul Prasad, Amicus Curiae
For the Union of India : Dr. K.N. Singh (ASG)
Mr. Anshuman Singh, CGC
Ms. Kanak Verma, CGC
Patna High Court CWJC No.353 of 2021(50) dt.14-09-2021
2/6
For the State : Mr. Lalit Kishore, Advocate General
Mr. Anjani Kumar, AAG-4
Mr. S.D. Yadav, AAG-9
Mr. Amit Kumar Jha, A.C. to AAG-4
For Respondent No. 5 : Mrs. Binita Singh, Advocate
For Respondent No. 6 : Mr. Shivender Kishore, Sr. Advocate
For the Respondents : Mr. S.D. Sanjay, Sr. Advocate
For the PMCH : Mr. P.K. Shahi, Senior Advocate
Mr. Vikas Kumar, Advocate
For the PMC : Mr. Prasoon Sinha, Advocate
For the DMCH : Mr. Bindhyachal Rai, Advocate
For the GMC : Mr. Rabindra Kumar Priyadarshi, Advocate
For the Intervener : Mr. Yogesh Chandra Verma, Sr. Advocate
Mr. Prashant Sinha, Advocate
Mr. Rajiv Kumar Singh, Advocate
Mr. V.K. Singh, Advocate
(In Civil Writ Jurisdiction Case No. 5713 of 2020)
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate
Mr. Anuj Kumar, Advocate
Mr. Madhav Raj, Advocate
For the Respondent/s : Mr. Lalit Kishore, Advocate General
Mr. Pankaj Kumar, SC-12
(In Civil Writ Jurisdiction Case No. 9639 of 2021)
For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate
Mr. Nikhil Singh, Advocate
For the UOI : Dr. K.N. Singh (ASG)
Mr. Anshuman Singh, CGC
For the State : Mr. Lalit Kishore, Advocate General
Mr. Anjani Kumar, AAG-4
Mr. Amit Kumar Jha, A.C. to AAG-4
For AIIMS, Patna : Mr. Binay Kumar Pandey, Advocate
(In Civil Writ Jurisdiction Case No. 12598 of 2021)
For the Petitioner/s : Mr. Sriram Krishna, Advocate
For the Respondent/s : Mr. Yogendra Prasad Sinha (AAG-7)
Mr. Durga Nand Jha, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
50 14-09-2021Re: CWJC Nos. 5713 of 2020 & 12598 of 2021.
Re: I.A. No. 1 of 2021 in CWJC No. 12598 of 2021 Shri Yogesh Chandra Verma, learned senior counsel enters appearance on behalf of Shri Chandra Prakash Singh, Patna High Court CWJC No.353 of 2021(50) dt.14-09-2021 3/6 President, Bihar Local Bodies Karamchari Sanyukt Sangharsh Morcha; Shri Amrit Prasad, Mahamantri, Bihar Local Bodies Employee Federation; Shri Shiv Bachan Sharma, President, Bihar Local Bodies Employee Federation; Shri Ashok Kumar Singh, Mahamantri, Bihar Local Bodies Employee Federation; Shri R.N. Thakur, President, Bihar Rajya Sthaniya Nikay Karamchari Mahasangh; Shri Shyamlal Prasad, General Secretary, Bihar Rajya Sthaniya Nikay Karamchari Mahasangh; and Shri Mangal Paswan, Convenor, Patna Nagar Nigam, Sanyukt Karamchari Samanway Samiti, party-respondents in the application.
Under instructions and after due deliberations with his clients, Shri Yogesh Chandra Verma, learned senior counsel has highlighted certain issues, which require attention of the authorities.
Learned Advocate General, under instructions states that the issues highlighted by the employees/their unions/ respondents in the application, shall be dealt with and decision taken, per law, positively within a period of eight weeks from today. He further states that before taking any final decision, opportunity of hearing shall be afforded to the representatives of the employees/their union/ respondents in the application. Patna High Court CWJC No.353 of 2021(50) dt.14-09-2021 4/6 At this stage, Shri Yogesh Chandra Verma, learned senior counsel states that the employees/their unions shall forthwith call off the strike and the employees shall immediately resume their duties.
He further points out that pursuant to the recent call for strike given by the Employees' Union, the respondents have taken disciplinary action against 200 employees (approx.) and services of majority of such employees stand dispensed with.
Learned Advocate General states that if that were so, then the State Government/the Employer/the Municipal Body- Authority shall immediately, unless of course such action is emanating out of any criminal offence, pass orders recalling such disciplinary action.
Shri Yogesh Chandra Verma, learned senior counsel states that perhaps the Government may consider releasing certain payments which undisputedly are due and admissible to the employees.
Well, we see no reason as to why the employees must not get their dues within time. As such, we direct that dues which are undisputedly admissible and payable must be released to the employees, as early as possible, but not later than one week from today.
Patna High Court CWJC No.353 of 2021(50) dt.14-09-2021 5/6 Let the decision taken by the Government on the demands of the employees be placed through an affidavit of the Principal Secretary, Urban Development and Housing Department, Government of Bihar.
Shri Yogesh Chandra Verma, learned senior counsel states that the Government should not proceed with the policy of outsourcing.
Well, none can have any grievance with the policy decision of the Government unless of course it is manifestly arbitrary or illegal. It is always open to judicial scrutiny in an appropriate proceeding. However, we clarify that till such time the decision is taken by the Government on the employees' representation, their services shall not be dispensed with.
List these matters on 21.10.2021.
Re: CWJC Nos. 353 of 2021 & 9639 of 2021 In consultation with learned counsel for all the parties appearing before us, Ms. Parul Prasad, learned Amicus Curiae has submitted the chart (excel-sheet) required to be filled up by the Health Department.
Let, within ten days, the information in such tabulated chart be furnished supported by an affidavit of Sri Pratyaya Amrit, Additional Chief Secretary, Health Patna High Court CWJC No.353 of 2021(50) dt.14-09-2021 6/6 Department, Government of Bihar.
For this purpose, list the cases on 29.09.2021.
(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP U