Patna High Court
Ajay Kumar Singh vs The State Of Bihar on 4 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5829 of 2021
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Ajay Kumar Singh, S/o Late Dhrub Narayan Singh, Resident of Village and
P.O.- Chatra, P.S.- Dhanaut, District- Rohtas, PIN- 802221.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Food and Consumer Protection Department,
Government of Bihar, Patna.
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Bihar Food and Civil Supplies Corporation Limited through its
Managing Director.
5. The Managing Director, Bihar Food and Civil Supplies Corporation Limited,
Son Bhawan, Birchand Patel Path, Patna.
6. The Administration-in- Chief, Bihar Food and Civil Supplies Corporation
Limited, Son Bhawan, Birchand Patel Path, Patna.
7. The District Manager, Bihar Food and Civil Supplies Corporation Limited,
Bhojpur at Ara.
8. The District Manager, Bihar Food and Civil Supplies Corporation Limited,
Kaimur at Bhabhua.
9. The District Manager, Bihar Food and Civil Supplies Corporation Limited,
Rohtas at Sasaram.
10. The Multi- State Cooperative Land Development Bank Samiti Budh Marg,
Patna through its Chairman.
11. The Chairman, Multi- State Cooperative Land Development Bank Samiti,
Budh Marg, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Navendu Kumar, Advocate
For the Respondent/s : Mr. Lalit Kishore ( AG )
For the BFCS : Mr. Shailendra Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 04-02-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of COVID-19 Pandemic.
Patna High Court CWJC No.5829 of 2021 dt.04-02-2022
2. Unnecessarily, the petitioner has impleaded State
respondent nos. 1 to 3 as party, though the State has no connection
with the petitioner's service condition.
3. The petitioner is stated to be an employee of Multi
State Co-operative Land Development Bank and he was on
deputation to Bihar Food and Civil Supplies Corporation Limited.
Therefore, the aforesaid authority is required to redress the
grievance of the petitioner, consequently the petitioner has
impleaded respondent nos. 1 to 3 as mis-joinder of respondents.
4. Accordingly, the petitioner is hereby directed to delete
the respondent nos. 1 to 3 from the array of respondents within a
period of two weeks' from today.
5. Learned counsel for the petitioner is hereby directed
to furnish hard copy of the writ petition to the learned counsel for
the respondents BSFC Mr. Shailendra Kumar Singh.
6. In the instant petition, the petitioner has prayed for the
following reliefs:
(i) For a direction to the concerned respondents to
make payments of arrears of salaries with statutory
interest to the petitioner for the periods of January
2013 to March 2016 and 1st of November 2017 to 10th
of January 2018 and also for the period of 16 th of
January 2018 to 20th February 2019, when he was
posted on deputation in the Bihar State Food and Civil
Patna High Court CWJC No.5829 of 2021 dt.04-02-2022
Supplies Corporation in the Kaimur and Rohtas
Districts respective;
(ii) For a direction to the concerned respondents to
make payments of the enhanced DA with statutory
interest for the period of August 2011 to 20 th February
2019.
(iii) For a direction to the concerned respondents to
make payments of provident fund with statutory
interest, which was deducted from his salary for the
period of August 2011 to 20th of February 2019.
(iv) For any such other order/ orders for which the
petitioner is entitled to.
7. In support of the aforesaid relief, the petitioner has
submitted representation on 02.09.2020 (Annexure-9).
8. The concerned respondent is hereby directed to take
note of petitioner's grievance and redress the same within a period
of three months from the date of receipt of a copy of this order.
9. If the petitioner is otherwise eligible, monetary
benefit shall be calculated and disbursed along with interest at the
rate of 6% per annum in the light of decision of the Apex Court in
the case of Vijay L. Mehrota Vs. State of Uttara Pradesh and
others reported in (2001) 9 SCC 687.
10. If the petitioner is not otherwise eligible, in that
event necessary speaking order shall be passed as to why the
petitioner is not entitled to.
Patna High Court CWJC No.5829 of 2021 dt.04-02-2022
11. The above exercise shall be completed within a
period of two months from the date of receipt of a copy of this
order.
12. The writ petition stands disposed of.
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2022
Transmission Date NA
