Patna High Court
Sarvar Alam vs The Principal Secretary on 25 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.462 of 2022
In
Civil Writ Jurisdiction Case No.5500 of 2016
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1. Sarvar Alam, Son of Late Manzar Alam, Resident of Dariyapur, Koiri Tola,
Patna.
2. Md. Zafar, Son of Late Abdul Budhan, Resident of Sultanganj, Patna-6.
3. Raj Kumar, Son of Late Upendra Jha, Resident of House No.- 7, Rajendra
Path, North Sri Krishnapuri, Patna, Police Station Sri Krishnapuri, District-
Patna.
4. Manoj Kumar, Son of Late Chandradev Prasad, Resident of Raja Bazar,
P.O.- BV College, Patna- 14.
... ... Appellants.
Versus
1. The Principal Secretary, Cooperative Department, Bihar, Govt. of Bihar,
Patna.
2. The State of Bihar through the Registrar, Department of Cooperative
Societies, Government of Bihar, Patna.
3. The Registrar, Department of Cooperative Societies, Govt. of Bihar, Patna.
4. The Bihar State Cooperative Bank through Managing Director, having office
at Gandhi Maidan, Patna.
5. The Managing Director, the Bihar State Cooperative Bank Gandhi Maidan,
Patna.
6. The Deputy Secretary to Government cum Grievance Redressal Officer,
Cooperative Department, Government of Bihar, Patna.
7. Ramanuj Kumar, son of Late Tarkeshwar Prasad Singh, resident of Uttari
Mandiri, Badu Nagar, Patna.
8. Sujay Kumar Singh, son of Late Vindhya Basini Prasad Singh, resident of
Road No.23, Rajiv Nagar, Patna-24.
9. Mukesh Prasad Singh, son of Sri Chandrika Prasad Singh, resident of
Maurya Vihar, New Transport Nagar, near DAV School, P.S. Agamkuan,
District-Patna.
10. Arvind Kumar, son of Late Vishnu Ram, resident of Sidala, District-
Nawada.
11. Binod Kumar Pathak, son of Late Barajendra Pathak, resident of Harkhauli,
Mirganj, District-Gopalganj.
12. Shiv Shankar Kumar, son of Late Arjun Prasad Singh, resident of Kemra
Ariari Diha, District-Sheikhpura.
13. Kamlesh Prasad Sinha, son of Late Sitaram Prasad, resident of FT No.2,
Satlaj Alok Vihar, Ghora Vandha, Jamshedpur.
14. Krishna Rai, son of Late Keshri Rai, resident of Keshri Kala Mandir, near
Budha Dental College, Mahatma Gandhi Nagar, P.S. Kankarbagh, District-
Patna-20.
Patna High Court L.P.A No.462 of 2022 dt.25-03-2025
2/4
... ... Respondents.
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Appearance :
For the Appellants : Mr. Rajendra Narayan, Senior Advocate.
Mr. Pranab Bardhan, Advocate.
For the State : Mr. Raghwanand, GA-11.
For the Bank : Mr. Prashant Kumar, Advocate.
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 25-03-2025
Heard I.A. No.1 of 2022 for condonation of a delay of
about 2 years 244 days in filing L.P.A. No.462 of 2022.
2. Mr. Rajendra Narayan, learned Senior counsel,
submitted that L.P.A. was filed through online in the year 2020
itself. Therefore, delay would be around five months from the
date of the learned Single Judge order dated 21.11.2019 passed
in C.W.J.C. No.5500 of 2016 read with the cause of action to
file L.P.A. on 20th December, 2019.
3. Along with I.A. No.1 of 2022 for condonation of
delay, some material has been placed on record which are not
authenticated insofar as filing of L.P.A. in the year 2020 through
Online. Some downloaded version of mentioning slip relates
back to August, September, October and December, 2020. Even
assuming that there is a delay of about 2 years 244 days in filing
Patna High Court L.P.A No.462 of 2022 dt.25-03-2025
L.P.A. on 17.11.2020, we have to take note of delay from 1 st
March, 2022 for the reasons that COVID-19 period was in
vogue from 20.03.2020 to 28.02.2022. Therefore, there is a
delay of about 10 months and few days during the two spells
from 20th December, 2019 to 20th March, 2020 and 01.03.2022
to 18.11.2022.
4. In view of the above delay and in the interest of the
appellants, delay stands condoned. Accordingly, I.A. No.1 of
2022 stands allowed.
L.P.A. No.462 of 2022:
5. With the consent of the respective parties, L.P.A.
No.462 of 2022 is taken up for final disposal.
6. Learned Single Judge has passed the following order
on 21.11.2019 in C.W.J.C. No.5500 of 2016:
"Heard learned counsel for the petitioners,
learned counsel for the Respondent-State and
counsel for the B.S.C.B. Ltd.
It is submitted by the petitioners' counsel
that in compliance of the order of the Industrial
Tribunal, Patna in Reference Case No.8(C) of
2007 decided on 29.08.2007, the Bank Authorities
have granted the promotion to the petitioners as
found admissible. It is his submission that there is
some discrepancies in the dates from which the
same has been granted, for which, they would be
availing the remedy in accordance with law.
The writ petition stands disposed off."
Patna High Court L.P.A No.462 of 2022 dt.25-03-2025
7. Today, Mr. Rajendra Narayan, learned Senior
counsel, on instruction submitted that date of promotion and
other details have not been examined by the learned Single
Judge. Appellants are entitled for consequential benefits on
account of promotion. These material information have not
been taken into consideration while deciding the matter. These
are all matters which are required to be adjudicated in the form
of filing Civil Review if the grievances of the appellants are
very much available in C.W.J.C. No.5500 of 2016 and it is not a
case of L.P.A. so as to interfere with the order of the learned
Single Judge and extend consequential benefits.
8. Accordingly, the present L.P.A. No.462 of 2022
stands disposed of as not maintainable, reserving liberty to the
appellants to invoke remedy of filing Civil Review.
(P. B. Bajanthri, J)
( Alok Kumar Sinha, J)
P.S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 28.03.2025.
Transmission Date NA
