Sujit Kumar vs The State Of Bihar
2021 Latest Caselaw 5608 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2050 of 2021
     ======================================================

1. Sujit Kumar S/o Rajendra Paswan R/o- 4E (West), Sri Krishna Bihar Colony, Beur, P.S.- Phulwari Sharif, Dist- Patna.

2. Md. Kashif Jawed @ Kashif Jawed S/o Md. Jawed Ahmad R/o Ward No.8, Vill- Chaklau Moghapur, P.O. and P.S.- Mehsi, Dist- East Champaran.

3. Vivek Kumar S/o Dhananjay Kumar R/o Vill- Gonpura, P.O.- Alampur Gonpura, P.S.- Phulwari Sharif, Dist- Patna.

4. Ribhu Raj S/o Nand Kumar Singh R/o- Rathod Sadan, Near Gayatri Mandir, New Area, P.S. and Dist- Sasaram.

5. Md. Mustafa S/o Md. Murtaza R/o Pokharia Nabab Chowk, Ward No. 29, P.S. and Dist- Begusarai.

6. Anil Kumar S/o Yogendra Paswan Krisnayatan, Awadhpuri, UCO Bank Colony, East Gola Road, Near St. Karen's School, P.S.- Danapur, Dist- Patna.

7. Sagar Kumar Jha S/o Sunil Kumar Jha R/o Vill- Ujain West, Ward No.13, P.O.- Lohana Road, Dist- Darbhanga.

8. Shaharyar S/o Md. Ehteshamul Haque R/o- 403, Thaba Apartment, Quazi Nagar, P.S.- Phulwari Sharif, Dist- Patna.

9. Nishi Kant S/o Ram Pravesh Prasad R/o Sri Krishna Vihar Colony, Near IDEA tower, P.S.- Beur, Anisabad, Dist- Patna.

10. Kamalkant Anand S/o Bindu Prajapati R/o Bageshwari Gomati, Bindu Gali, P.O. and P.S.- Gaya, Dist- Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, The Department of Industries, Govt. of Bihar, Patna.

3. The Principle Secretary, Finance Department, Govt. of Bihar, Patna.

4. The Secretary, The Bihar Industrial Development Corporation, Govt. of Bihar, Patna.

5. The Chairman cum Managing Director, Bihar State Industrial Development Corporation, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate Mr. Arun Kumar No. 1, Advocate For the State : Mr. Subhash Prasad Singh, G.A.

Mr. Shiv Kumar, Advocate For the BSIDC : Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI Patna High Court CWJC No.2050 of 2021 dt.30-11-2021

ORAL JUDGMENT Date : 30-11-2021

Heard the learned counsels for the parties.

2. In the instant petition, petitioners have prayed for

following reliefs:

"(i) For issuance of a writ in the nature of certiorari for quashing, setting aside the illegal, improper, incorrect and unconstitutional order dated 24.07.2020 communicated to the Petitioners on 22.09.2020 vide Letter No. 6 (Sa) Mukadma (BSIDC) 26/2019-2657 issued by Deputy Secretary (Upper Sachiv), Industries Department, Govt. of Bihar Patna, contained in Annx-9, and also order as contained in Annx-4 series be also quashed whereby and where under despite of direction of this Hon'ble High Court, to consider this case of the Petitioners in the light of Memorandum dated 17 Sept. 2018 (Annx-5) issued by Govt. of Bihar to adjust/shift the services to any other Govt. organisation, where contractual employees are required, the claim of the Petitioner has been rejected in a dictatorship manner and further for setting aside the Termination Order dated 16.10.19 bearing Memo No. 540/G/Patna issued by Chairman cum M.D., Bihar State Industrial Department Corporation Limited (An Unit of Govt. of Bihar Undertaking) contained in Annx-4 series.

(ii) For issuance of a Writ in the nature of Mandamus strictly directing the Respondents to reinstate the Petitioners on their previous posts and to adjust/absorb/shift their services to any other Govt. Units or Govt. Undertaking Units with full arreors current and Consequential benefits since the date of their Termination (i.e. 16-10-2019) till the date of his final reinstainement or observation and continue for further periods as there is existent of Patna High Court CWJC No.2050 of 2021 dt.30-11-2021

work is available.

(iii) That Respondents be directed to pay the arreors of Rs. 10,000/- per month as per Advt. from the date of initial appointment till the date of termination.

(iv) That the Respondents be also directed to pay the appropriate cost and compensation for unnecessary mental physical and economical harassments done by the illegal and unconstitutional acts (Termination) of the Respondents.

(v) That any other relief or relieves may kindly be granted in favor of the Petitioners, as it may be deemed fit and proper to the facts and circumstances of this case."

3. Petitioners were stated to have been appointed on

contract basis in the Bihar State Industrial Development

Corporation (for short "BSIDC"). Such appointment is with a rider

that it would be invoked for a period of one year or it may be

extended. Before completion of one year, petitioners services were

displaced on 16.10.2019.

4. Feeling aggrieved and dissatisfied with the

displacement, the petitioners approached this Court in C.W.J.C.

No. 22056 of 2019 and it was disposed of on 13.02.2020 by

giving liberty to the petitioners to approach the concerned

authority by making representation. The petitioners submitted

representation on 20.02.2020 and it was rejected on 24.07.2020.

Thus, petitioners have presented this writ petition.

5. Learned counsel for the petitioners vehemently Patna High Court CWJC No.2050 of 2021 dt.30-11-2021

contended that in terms of the policy decision of the State dated

17.09.2018, the petitioners are entitled to be accommodated in

any other corporation. It is further pointed out that on

05.02.2021, the State Government has clarified that policy

dated 17.09.2018 is included with the BSIDC. Therefore, the

petitioners are entitled to be accommodated in any other

corporation in terms of the policy decision dated 17.09.2018

read with 05.02.2021.

6. Per contra, learned counsel for the respondent-

Corporation resisted the petitioners' contention and submitted

that the petitioners have failed to produce complete policy

decision dated 17.09.2018. It is submitted that policy dated

17.09.2018 is applicable under Item No. 19 only to three

corporations. Therefore, as on the date of displacement of

petitioners on 16.10.2019, the policy dated 17.09.2018 was not

applicable to such of those employees who were appointed on

contract basis in BSIDC are not entitled to be accommodated in

any other corporation. It is further submitted that, vide Sankalp

of Administration Department dated 05.02.2021, inclusion of

BSIDC is only prospective. Therefore, the grievance of the

petitioners rightly rejected by the respondent on 24.07.2020.

7. Heard the learned counsels for the respective Patna High Court CWJC No.2050 of 2021 dt.30-11-2021

parties. Crux of the matter in the present petition is whether

petitioners' case would be covered under the policy decision

dated 17.09.18 or not? Undisputed facts are that the petitioners

were appointed on contract basis on 12.06.2019 in BSIDC for a

period of one year or it may be extended. Their services have

been displaced on 16.10.2019, in the interest of administration

and it was the subject-matter of litigation before this Court in

C.W.J.C. No. 22056 decided on 13.02.2020. On receipt of

representation of the petitioners, the official respondent has

rejected the petitioners' grievance on 24.07.2020. Hence the

present petition. Policy dated 17.09.2018 in respect of

accommodating the corporation employees has been made

crystal clear in the policy decision itself. The policy covers

only three corporations. Extract of the relevant portion of the

aforesaid policy reads as under:-

"19. 46-2-6 m|ksx foHkkx

¼i½ fcgkj QkmaMs"ku

fcgkj QkmaMs"ku eas dk;Zjr lafonk dfeZ;ksa dk

mYys[k Åij laxr dafMdkvksa esa fd;k x;k gSA buds laca/k

esa dafMdk & d] x] ?k] p] t] ,oa r esa nh x;h vuq"kalkvksa]

mu vuq"kalkvksa dks NksM+ dj tks iwoZ ls ykxw gS] dks ykxw

fd;k tk ldrk gSA

¼ii½ fcgkj vkS|ksfxd {ks= fodkl izkf/kdkj ¼fCk;kMk½ Patna High Court CWJC No.2050 of 2021 dt.30-11-2021

dk;Zjr lafonk dfeZ;ksa ds p;u vkfn ds laca/k esa

Åij laxr dafMdkvksa esa mYys[k fd;k x;k gSA buds laca/k

esa dafMdk &d] x] ?k] p] t] ,oa r esa nh x;h vuq"kalk,a

mu vuq"kalkvksa dks NksM+ dj tks iwoZ ls ykxw gS] ykxw dh

tk ldrh gSA

¼iii½ vk/kkjHkwr lajpuk fodkl izkf/kdkj

¼vkbZ0Mh0,0½

bl izkf/kdkj esa dk;Zjr lafonk dfeZ;ksa ds laca/k esa

dafMdk &d] x] ?k] p] t] ,oa r esa nh x;h vuq"kalk,a mu

vuq"kalkvksa dks NksM+ dj tks iwoZ ls ykxw gS] ykxw dh tk

ldrh gSA"

8. The aforesaid material information reveals that

policy decision dated 17.09.2018 do not cover BSIDC.

9. Learned counsel for the petitioners submitted that

in the Sankalp of Administration Department dated 05.02.2021,

it is clarified that BSIDC Corporation is included with the

policy decision dated 17.09.2018. In other words, it has no

retrospective effect. It is only in prospective nature.

10. In the light of these facts and circumstances, the

petitioners have not made out a case so as to accommodate them

in any other corporation in terms of the State Policy dated

17.09.2018.

11. Accordingly, the instant petition stands Patna High Court CWJC No.2050 of 2021 dt.30-11-2021

dismissed.

12. At this stage, learned counsel for the petitioners,

on instruction, submitted that petitioners were not paid up to

date salary.

13. Learned counsel for the Respondent-Corporation

disputed the aforesaid fact. In this regard, petitioners are permitted

to make necessary application with the material information. Such

representation be furnished to the Corporation within a period of

four weeks from today. On receipt of petitioners' representation,

the Corporation shall decide the same in accordance with law and

communicate the decision within a period of three months from

the date of receipt of the petitioners' representation.

(P. B. Bajanthri, J) rakhi/-

AFR/NAFR
CAV DATE
Uploading Date          07.12.2021
Transmission Date