Patna High Court
Dhirendra Kumar Jha and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application is disposed of as withdrawn, with liberty granted to the petitioners to file separate representations before the Managing Director for the remaining reliefs.
Summary
A group of executive assistants employed by the Bihar State Food and Civil Supply Corporation Ltd. filed a writ petition seeking quashing of a letter dated 01.07.2017 that relieved them from service and a mandamus directing the corporation to allow them to continue employment. They alleged the relief was arbitrary and contrary to law. The petition also sought payment of salary arrears. The court, after hearing counsel, allowed the petitioners to withdraw the writ application and directed them to file separate representations before the Managing Director for the remaining reliefs, specifying timelines for decision and payment. The court ordered that if the representation is rejected, a reasoned order must be provided.
Issues considered
- Whether the letter relieving the petitioners from service is arbitrary and violative of law warranting quashing by certiorari.
- Whether a writ of mandamus can be issued to compel the corporation to retain the petitioners in service.
- Procedural propriety of withdrawing the writ application and filing separate representations for pending reliefs.
Subjects
- writ jurisdiction
- certiorari
- mandamus
- service termination
- administrative law
- withdrawal of writ
- representation
- salary arrears
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11540 of 2017
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1. Dhirendra Kumar Jha, S/o Vidyakant Jha, Resident of Village- Changma,
P.O. and P.S.- Bahera, District- Darbhanga.
2. Amit Kumar, S/o Rajgir Paswan, Resident of Village- Nardaria, P.O.-
Dihlari, P.S.- Bishanpur, District- Darbhanga.
3. Navin Kumar Jha, S/o Sri Uday Chandra Jha, Resident of Village- Haral
Patti, P.O.- Anandpur, P.S.- Ashok Paper Mill, District- Darbhanga.
4. Md. Shamshe Alam, S/o Md. Sagir Ansari, Resident of Village- Maharaja
Chakzarahraha, P.S. and District- Darbhanga.
5. Umesh Mahto, S/o Rajkumar Mahto, Resident of Bela Chowk Near Durga
Mandir, P.O.- Lalbagh, P.S.- L.N.M.U. Campus, District- Darbhanga.
6. Md. Sarfaraz, S/o Md. Khalif, Resident of Village- Bakerganj Abhanda, P.O.
and P.S.- Laheria Sarai, District- Darbhanga.
7. Ram Babu Bhagat, S/o Ram Bhagat, Resident of Village+P.O.- Singhwara,
P.S.- Singhwara, District- Darbhanga.
8. Azaharul Haque, S/o Mazaharul Haque, Resident of Village- Mogalpura,
P.O.- Lalbagh, P.S.- Laheria Sarai, District- Darbhanga.
9. Sunil Kumar, S/o Ram Pukar Bhagat, Resident of Village and P.O.-
Singhwara, P.S.- Singhwara, District- Darbhanga.
10. Ranjan Kumar, S/o Dinesh Kumar Verma, Resident of Office Colony, A
Type, Ward No.24, Laheria Sarai, P.S.- Kaharia, District- Darbhanga.
11. Dhirendra Kumar, S/o Dineshwar Mallick, Resident of Village and P.O.-
Rahar Benipur, P.S. and District- Darbhanga.
12. Manish Kumar Mahto, S/o Avinash Kumar Mahto, Resident of Said Nagar,
Kali Asthan, P.O. and P.S.- Laheria Sarai, District- Darbhanga.
13. Dhirendra Prasad Sah, S/o Satya Narayan Sah, Resident of Village- Azam
Nagar, P.O.- Lalbag, P.S.- L.N.M.U. Campus, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, Department of General Administration,
Government of Bihar, Patna.
4. The Principal Secretary, Department of Finance, Government of Bihar,
Patna.
5. The Principal Secretary, Department of Food and Civil Supply and
Consumer Protection, Government of Bihar, Patna.
6. The Bihar Administrative Reforms Mission Society, Patna through its
Director.
7. The Director, Bihar Administrative Reforms Mission Society, Patna.
Patna High Court CWJC No.11540 of 2017(3) dt.05-02-2026
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8. The Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan,
Birchand Patel Path, Patna through its Managing Director.
9. The Managing Director, Bihar State Food and Civil Supply Corporation
Ltd., Sone Bhawan, Birchand Patel Path, Patna.
10. The Chief of Administration, Bihar State Food and Civil Supply Corporation
Ltd., Sone Bhawan, Birchand Patel Path, Patna.
11. The Chief of Finance, Bihar State Food and Civil Supply Corporation Ltd.,
Sone Bhawan, Birchand Patel Path, Patna.
12. District Manager, State Food Corporation, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioners : Mr. Subodh Kumar Jha, Advocate
Mr. Pranav Kumar Jha, Advocate
For the State : Mr. Manish Kumar, GP-4
For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 05-02-2026 1. Heard learned counsel for the petitioners and
learned counsel for the respondents.
2. The petitioners filed the instant application for the
following relief :-
“That this writ application is being
filed for issuance of an appropriate writ/writs,
order or orders in the nature of certiorari for
quashing of the letter bearing Memo No. 1296
dated 01.07.2017 issued under the signature of
District Manager, State Food Corporation,
Darbhanga respondent No. 12 by which the
respondent No. 12 has relieved the petitioner
who are working as an Executive Assistant under
Bihar State Food and Civil Supply Corporation
Ltd., Darbhanga within control of District
Manager, Darbhanga arbitrarily and contrary to
Patna High Court CWJC No.11540 of 2017(3) dt.05-02-2026
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the law and further for issuance of an
appropriate writ in the nature of mandamus for
directing and commanding the respondents
particularly the respondent Bihar State Food
and Civil Supplies Corporation Ltd. respondent
No. 8 and 12 to allow the petitioner to remain
under its establishment at Darbhanga as was
working since 17.12.11 and on words on the
requisition made by the respondent No. 9
keeping in view of the satisfactory work
performed by them and their services are
required to be regularized in terms of the
recommendation made by the competent
authorities time to time for the ends of justice
and equity and further for any other appropriate
relief or reliefs for which the petitioner is
entitled in the facts and circumstances of this
case.”
3. It is submitted by learned counsel for the petitioners
that as per instructions received, substantial relief/prayer made
by the petitioners in the instant application have been granted,
however some connected reliefs including for payment of
arrears of salary still remain. As such it is prayed that the writ
application may be permitted to be withdrawn with liberty to the
petitioners to file their representation before the respondent-
Bihar State Food and Civil Supply Corporation Ltd. for
pursuing the remaining reliefs.
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4. Having heard learned counsel for the parties, in
view of the prayer made herein above, the writ application
stands disposed of as withdrawn with liberty to the petitioners to
file their individual/separate representations before the
Managing Director, Bihar State Food and Civil Supply
Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna
(respondent no.9) within a period of four weeks.
5. In case such a representation is filed, the same shall
be decided within a period of two months for the date of its
filing and the amount found payable to the petitioners shall be
paid within the aforesaid period.
6. In case the relief prayed for by the petitioners in
their representations does not find favour with the respondent-
Managing Director, a reasoned order in writing shall be
communicated to the petitioners within the aforesaid period.
7. The writ application stands disposed of with the
above observations and directions.
(Partha Sarthy, J)
avinash/-
U
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