High Court Patna High Court - Orders

Sunil Kumar vs The State Of Bihar &Amp; Ors on 6 April, 2011

Patna High Court – Orders
Sunil Kumar vs The State Of Bihar &Amp; Ors on 6 April, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.2598 of 2005
                                   SUNIL KUMAR .
                                         Versus
                            THE STATE OF BIHAR & ORS .
                                       -----------

06 06.04.2011 I.A. No. 1984 of 2010 and I.A. No. 1985 of

2010 have been filed on behalf of Intervenors Nand

Kishore Prasad and Niripendra Kumar Mandal for

being impleaded as petitioners in this writ application

and for allowing similar relief to them also as prayed

by the petitioner Sunil Kumar.

Considering the fact that intervention

application has been filed after five years of the filing

of the writ application the prayer of interveners for

being impleaded as petitioners cannot be allowed. It is

dismissed. They have liberty to file their writ

applications independently.

Initially the prayer of the writ petitioner was

for quashing of memo no.321 dated 1.10.2001,

whereby he was terminated from his service. Further

prayer of the petitioner was for a direction to make

payment of all consequential benefits and due salary.

Petitioner has alleged in the writ application that the

impugned order contained in Annexure-1 was issued

for terminating his service without following the rule

of natural justice. During the pendency of the writ
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application the petitioner along with other 30 persons

was reinstated in the Adult Education Department in

the light of order passed in CWJC No. 15365 of 2001

and analogous cases. The termination order which is

under challenge in this writ application similar

termination order has been issued against the writ

petitioners in CWJC No. 15365 of 2001 and CWJC

No. 11771 of 2003, on account of quashing of those

orders, petitioner was also given benefit of

reinstatement. However the grievance of the

petitioner which still needs adjudication relates to

non-payment of arrears of salary for the period in

between his termination and reinstatement.

Petitioner’s case is that he was given similar relief as

it was allowed in case of the writ petitioners in those

cases but discriminated in the matters of payment of

arrears of salary. Krishnandan Prasad, Radha Shyam

Sharma and Binod Kumar Verma and others were

reinstated and also were paid entire dues of their

arrears of salary for the period in between

retrenchment and the reinstatement and the

petitioner for such reliefs has filed I.A. No. 6290 of

2008 with a prayer for amending the relief. The

amended prayer was for a direction to the
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respondents to pay salary and other allowances to the

petitioner for the period in between 1.10.2001 to

11.1.2006 as it has been done in the case of Radha

Krishna Sharma and Sri Binod Kumar Verma and

other whose cases are identical to the petitioner. In

support of his claim petitioner has annexed order

passed in case of Binod Kumar Verma and counter

affidavit filed in case of Radha Krishna Sharma as

Annexure-2 series. These two documents indicate that

Binod Kumar Verma and Radha Krishna Sharma were

paid entire dues of their arrears of salary, dearness

allowance, rent allowance and conveyance allowed for

the period in between their retrenchment and

reinstatement.

Time was allowed to the counsel appearing for

the State, in order to seek instruction on the point

that what is the reason for discriminating in case of

this petitioner. No supplementary counter affidavit

could be filed by the State as the counsel has not yet

received any instruction from the Department.

In the facts and circumstances of the case,

the Interlocutory application is allowed. Relief prayed

in the I.A. application is treated to be a part of the

writ application. The amended relief prayed by the
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petitioner is allowed. The respondents are directed to

make payment of entire dues of arrears of salary to

the petitioner for the period in between 1.10.2001 to

11.1.2006 with all consequential benefits and

allowances. All payment must be made to the

petitioner within a period of eight weeks from the date

of production/ communication of this order.

The writ application stands allowed.

( Mridula Mishra, J.)
A. Kumar