IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2598 of 2005
SUNIL KUMAR .
Versus
THE STATE OF BIHAR & ORS .
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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