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Patna High Court

Dhirendra Kumar Jha and OrsversusThe State Of Bihar and Ors

Decided
Disposal
WITHDRAWN

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The writ application is disposed of as withdrawn, with liberty granted to the petitioners to file separate representations before the Managing Director for the remaining reliefs.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
     ======================================================
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
                                                     2/4




           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.
            Patna High Court CWJC No.11540 of 2017(3) dt.05-02-2026
                                                        4/4




                                  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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