Patna High Court
Mahendra Sharma vs The State Of Bihar on 9 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17025 of 2022
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Mahendra Sharma Son of Sri Balmiki Sharma, Resident of Village- Upahara,
P.S. Upahara, District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supply, Government of Bihar, Old Secretariat, Patna.
2. The Bihar Food and Civil Supply Corporation Ltd., Khadya Bhawan,
Daroga Prasad Rai Path, Patna through its Managing Director.
3. The Managing Director, Bihar State Food and Civil Supply Corporation
Ltd., Khadya Bhawan, Daroga Prasad Rai Path, Patna.
4. The District Manager, Bihar State Food and Civil Supply Corporation Ltd.,
Aurangabad.
5. Punjab National Bank, through the Regional Manager, R.Block, Hotel
Chanakya Annexee, Patna.
6. The Branch Manager, Panjab National Bank, Upahara Branch, Goh, District-
Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Mohan, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (SC 4)
For B.S.F.C. Mr. Shailendra Kumar Singh, Advocate
Mr. Utkarsh Utpal, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/ Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also, the Advocates and the Staffs joined
the proceedings through Video Conferencing from their
residences/offices.)
Date : 09-12-2022
Learned counsel for the petitioners submits that he
has no objection to the matter being heard by the Division
Patna High Court CWJC No.17025 of 2022 dt.09-12-2022
Bench.
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):
"For a direction/directions upon the respondents
for payment of remuneration/commission Rs.
28,68,712.31 only to the petitioner as per terms
& conditions of agreement executed between the
petitioner and the Bihar State Food & Civil
Supply Corporation Ltd, (hereinafter to be
referred for brevity the 'BSFC') for supply of
customs milled rice (CMR) to the BSFC for the
period of 2011-12 and for further order/orders
and relief/reliefs for which the petitioner may
entitled too."
Learned counsel for the petitioners prays that the
instant petition be disposed of exactly in the same terms as
contained in judgment dated 11.05.2022, passed by this Court in
CWJC No. 6852 of 2021, titled as Lilawati Mishra Vs. The
State of Bihar & Ors.
The relevant part of the judgment reads as under:-
"73. As already discussed, India is a welfare State
and has been termed a model employer. The
directive principles of State policy which are
fundamental to the governance of the State, impose
an obligation upon the State to ensure a living way
and decent standard of living. Further, it has been
observed that a salaried person is almost entirely
dependent upon the same, and delay or denial would
impede such obligation infringing the very core of
Patna High Court CWJC No.17025 of 2022 dt.09-12-2022
Article 21 guaranteeing a dignified existence.
74. Considering the large number of such cases
filed before this Court, it would be appropriate in our
view to ask the Chief Secretary to conceive an
accessible and easy mechanism for timely redressal
of salary and pension-related grievances. Such a
mechanism developed with a holistic view will go a
long way in extinguishing the need for an aggrieved
person to knock on the doors of justice.
75. In the light of the discussion above, we
dispose of the writ petition in the following manner:-
(a) The respondents-authorities shall positively
pay the entire amount constituting unpaid salary,
gratuity, pension etc., to the writ petitioner,
namely Lilawati Mishra, within two months
from today. The Department's principal Secretary
shall file an affidavit of compliance within two
months from today. For compliance the matter be
listed on 12.07.2022.
(b) Petitioner shall be entitled to interest on
such amounts @ 18% per annum or the prevalent
statutory interest, whichever is lower.
(c) Also, She shall be entitled to an exemplary
cost quantified at Rs.5,00,000/- (Rupees five lacs).
It shall be open for the State to recover the same
from the erring officials.
(d) The Chief Secretary to the Government
shall ensure that the mechanism in terms of the
Bihar State Litigation Policy, 2011 is not only put
in place, but also made effectively functional. He
shall also endeavour to provide further
mechanism, enabling the employees to vent out
their grievances, be it of whatever nature. One
such tool is setting up a 'Web Portal' at the level of
the Principal Secretary/ Secretary of the
concerned Department(s), where the employees
can lodge their grievances/complaints. Such
grievances/ complaints shall be processed and
adequately responded to within a reasonable
period. This would facilitate speedy redressal of
genuine grievances and prevent unnecessary
litigation, clogging the wheels of the
Patna High Court CWJC No.17025 of 2022 dt.09-12-2022
administration of justice. Such endeavour shall
only be in the spirit of Litigation Policy, framed
by the State Government. We see a significant
advantage in the use of information and
technology. It would result in effective and
efficient redressal of grievances, if any, and
improve efficiency in the affairs of governance of
the State, further instilling confidence and trust
amongst the employees.
(e) It is to be noted that this Court passed
similar directions on an earlier occasion to set up
a web portal. However, no progress in this regard
has been reported to the Court.
(f) All Grievances Redressal Committees
stipulated under the Litigation Policy shall be
made immediately functional and operational.
(g) In the light and spirit of clause (c) of sub-
section (1) of Section 89 of the Code of Civil
Procedure, an endeavour shall be made of having
the matters of the employees resolved through the
process of judicial settlement, including
settlement through Lok Adalat. The Patna High
Court Legal Services Authority is requested to
have the needful done.
(h) We direct the State to immediately
undertake such a measure at the earliest.
(i) We also request the learned Advocate
General, State of Bihar, who plays a pivotal role
in the implementation of the Litigation Policy to
undertake such a drive at the earliest. This he can
do by engaging all the stakeholders, more
specifically the Principal Secretaries of the
concerned Departments."
No one can have any objection to such prayer.
As mutually agreed, the instant petition stands
disposed of in terms of judgment dated 11.05.2022 passed in
Lilawati Mishra (Supra), and the directions contained therein
Patna High Court CWJC No.17025 of 2022 dt.09-12-2022
shall also govern the instant case mutatis mutandi to the extent
possible.
Interlocutory Application(s), if any, shall stand
disposed of.
For Compliance, the matter be listed on 7th of February,
2023.
(Sanjay Karol, CJ)
( Partha Sarthy, J)
K.C.Jha/-
AFR/NAFR
CAV DATE
Uploading Date 14.12.2022
Transmission Date
