Patna High Court
Gauri Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The petitioners have already been granted the benefits of the 10th Bipartite Settlement, so the writ petition is dismissed.
Summary
Six employees of Sitamarhi Central Co-operative Bank Ltd filed a writ petition seeking a mandamus directing the Managing Director to grant them pay‑scale benefits under the 10th Bipartite Settlement, alleging they were denied such benefits due to a pending case (C.W.J.C.No.5457 of 2019) concerning their appointments. The respondents submitted a counter‑affidavit stating that the Board of Directors had already granted the benefits from November 2018, after the petitioners were regularised, via a resolution dated 13‑01‑2022. The court examined the counter‑affidavit and found that the petitioners were indeed receiving the settlement benefits and no grievance remained. Consequently, the court held there was nothing further to decide on the writ application. The writ petition was therefore disposed of.
Issues considered
- Whether the petitioners are entitled to a mandamus directing the Managing Director to grant pay‑scale benefits under the 10th Bipartite Settlement.
- Whether the pendency of C.W.J.C.No.5457 of 2019 bars the grant of such benefits.
Subjects
- mandamus
- writ petition
- pay scale
- 10th Bipartite Settlement
- co-operative bank
- regularisation
- employment benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.979 of 2022
======================================================
1. Gauri Shankar Prasad Son of Bindeshwar Prasad, resident of Village -
Pakari, Police Station- Riga, District - Sitamarhi.
2. Shrawan Kumar Son of Late Surendra Prasad Sinha, resident of Village -
Dumri Kalan, Police Station- Mejorganj, District - Sitamarhi.
3. Lal Babu Baitha Son of Sri Tapeshwar Baitha, resident of Village -
Muradpur, Police Station- Dumra, District - Sitamarhi.
4. Ravi Bhushan Son of Sri Mod Narayan Rai, resident of Village - Sirkhidia,
Police Station- Runisaidpur, District - Sitamarhi.
5. Mukesh Kumar Son of Sri Jaleshwar Mahto, resident of Village - Madhopur
Raushanvisa, Police Station- Dumra, District - Sitamarhi.
6. Anil Kumar, Son of Late Kameshwar Singh, resident of Village - Balua,
Police Station - Dumra, District - Sitamarhi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Co-
operative, Govt. of Bihar, Patna.
2. The Registrar, Co-operative Societies, Govt. of Bihar, Patna.
3. The Board of Director's through its Chairman Sitamarhi Central Co-
operative Bank Ltd. Sitamarhi.
4. The Managing Director, Sitamarhi Central Co-operative Bank Ltd.
Sitamarhi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Sinha, Advocate
Mr. Aditya Narain Singh, Advocate
For the Respondent/s : Mr. Amit Prakash (GA-13)
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioners and learned
counsel for the State of Bihar. No one appears on behalf of the
respondent nos. 3 and 4.
2. The petitioners have filed the instant application for
the following relief (s) :-
Patna High Court CWJC No.979 of 2022(4) dt.10-03-2026
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“1. That this is an application for issuance of a
writ in the nature of mandamus or any other
appropriate writ or direction commanding the
respondent Managing Director to grant the
benefits of pay scale in terms of recommendation
of 10th Bipartite Settlements, since each and every
employees of the respondent bank have been
granted the benefit of pay scale in terms of 10th
Bipartite settlements except these six petitioners
(employees of the Bank).
The reasons for denial is indicated in
the order dated 27.3.2019 i.e. since a case i.e.
C.W.J.C.No.5457 of 2019 is pending before the
Hon'ble Court. The said case is related to the
manners of appointment of these petitioners by the
Board of Directors of the Respondent Bank. The
C.W.J.C.No.5457 of 2019 is nothing to do with the
issue of pay scale of these petitioners".
A photo/true copy of the proceeding of
Board meeting dated 30.10.2018
which was communicated vide letter
dated 27.3.2019 is annexed herewith
and marked as Annexure-1 to this writ
application.”
3. Having heard learned counsel for the parties and
having perused the material on record, it transpires that a
counter affidavit has been filed on behalf of the respondent no.4
wherein the statement made is to the effect that the petitioners
herein have already been granted the benefits of the 10 th
Patna High Court CWJC No.979 of 2022(4) dt.10-03-2026
3/4
Bipartite Settlement by the Board of Directors of the Bank from
November, 2018 when they were regularized and as such no
further grievance of the petitioners subsists.
4. The relevant part of the counter affidavit of
respondent no.4 is reproduced herein below for ready
reference :-
“9. That, with respect to the facts of the case,
the Board of Directors of the Bank has taken a
lenient view and granted the benefits of the 10th
Bipartite Settlement to the petitioners.
Consequently, the petitioners have already been
extended the said benefits vide resolution of the
Board dated 13.01.2022.
10. That the petitioners had initially joined the
Bank as outsourced employees and were
subsequently regularized with effect from
29.11.2018. Accordingly, the benefit of the 10th
Bipartite Settlement has been granted to them
from November 2018. Therefore, the petitioners
have no subsisting grievance.
11. That in view of the above, the grievances
raised in the present writ petition stand
redressed.
12. That it is reiterated that the petitioners are
already receiving the benefits of the 10th
Bipartite Settlement, just like other employees.
In light of this, there remains no outstanding
grievance, and the writ petition is liable to be
dismissed.”
Patna High Court CWJC No.979 of 2022(4) dt.10-03-2026
4/4
5. In view of the above, in the opinion of the Court,
nothing remains to be decided in the instant writ application.
6. The writ application is disposed of.
(Partha Sarthy, J)
Shiv/-
U
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