Allowed

Bihar State Local Bodies Emp.F v. the State of Bihar and Ors.

Patna HC24 Apr 2013CWJC/8144/2006

Case brief

AI extract

What is this about?

This writ petition challenged the non-payment of salaries to Class III and IV employees of Samastipur Municipality. The Court approved the petitioners' preliminary relief that the cause of action had ceased once the government confirmed payment of arrears, thereby dismissing the writ application but allowing individual employees to raise fresh claims for future delays.

What did the court decide?

The writ application is disposed of on the basis that the cause of action no longer exists as arrears have been paid; individual employees are free to file separate representations for any future non-

Bihar State Local Bodies Emp.F Vs the… — Constitutional and Fundamental Rights | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.8144 of 2006

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====================================================== Bihar State Local Bodies Employees Federation Branch, Samastipur Municipality Employees Union, Samastipur through its president Vijeshwar Prasad Yadav, son of late Babul Lal Prasad Yadav, resident of at and P.O. Mutapur, P.S. Kalyanp0ur, District Samastipur .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna 2. The Secretary, Urban Development Department, Patna 3. The District Magistrate, Samastipur 4. The Executive Officer, Samastipur Municipality Corporation, Samastipur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. S.D.Sanjay, Advocate Mr. Akash Chaturvedi, Advocate For the Respondents 1 to 3 : Mr. Brisketu Sharan Pandey, A.C. to AAG-7 For the Respondent No. 4 : Mr. Durga Nand Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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10 24-04-2013 Heard the parties.

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The present writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner claiming to be an Union of Employees and a Branch Unit of Bihar State Local Bodies Employees Federation, Patna, for redressal of valid grievances and for payment of arrears of salary of all the Class III and Class IV employees of Samastipur Municipality since March, 2003. It has further been stated that altogether 278

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Patna High Court CWJC No.8144 of 2006 (10) dt.24-04-2013

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employees were appointed on sanctioned Class III and Class IV posts in Samastipur Municipality by the competent authority and though they all are discharging their duties regularly, yet their salaries are not being paid since March, 2003. Hence, the present writ petition has been filed by the aforesaid Union in a representative capacity on behalf of all the Class III and Class IV employees of Samastipur Municipality.

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When this matter was heard earlier, the respondent no.4 Executive Officer of Samastipur Municipality, which has been re-named as Samastipur Municipal Council (Nagar Parishad), took a stand that salary of the employees is not being paid because adequate funds have not released by the State Government. However, the factum of the employees being in service and non-payment of their salary since 2003 was not denied. In view of the aforesaid stand taken by the respondent no.4, the respondent State of Bihar and its functionaries including respondent nos. 2 and 3 were called upon by this Court by an order dated 4.3.2013 to file their counter affidavits with respect to the claims raised on behalf of the employees of Samastipur Municipality.

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Fortunately, in compliance of the Court’s order dated 4.3.2013, counter affidavits have been filed on behalf of the respondent nos. 2 and 3 separately. In the counter affidavit filed on behalf of the respondent no.3, it has been specifically stated that now the salaries of the employees of Samastipur Municipality have been paid up to September, 2009. It has further been stated that by letter dated 4.3.2013 issued by the Department of Housing and Urbana Development, Govt. of Bihar, Patna, funds to the tune of Rs. 67,88,782/- has further been released for payment of

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Patna High Court CWJC No.8144 of 2006 (10) dt.24-04-2013

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salaries of the employees of Samastipur Municipality.

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Learned counsel appearing on behalf of the petitioner has fairly submitted that in view of the averments made in the counter affidavit filed on behalf of the respondent no.3, and in view of the fact that arrears of salary has been paid as per averments made in paragraph 7 of the counter affidavit, cause of action does not survive. Admittedly, payment of arrears of salary of the employees of the year 2003 and even for subsequent years has been made.

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After having heard the parties and on consideration of the materials available on record, particularly in view of the averments made in the counter affidavit filed on behalf of respondent no 3, cause of action does not survive any further. Accordingly, the present writ application stands

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disposed of.

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However, if the payment of salary of the employees of Nagar Parishad, Samastipur for the current period or for some past period has not been made then, individual employee shall be at liberty to file their representation before the authority concerned for redresal of their valid grievances, which shall be considered and decided in accordance with law. The petitioner, being Union, shall no longer be permitted to raise the issue of non-payment of salary with respect to individual claim of individual employee.

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(Birendra Prasad Verma, J)

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Kanth/-

Bihar State Local Bodies Emp.F v. the State of Bihar and Ors.

Case brief

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Bihar State Local Bodies Emp.F v. the State of Bihar and Ors.

Case brief

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