The High Court dismissed a petition where the petitioner alleged non-payment of salary arrears by a Cooperative Marketing Union, which claimed compliance with chronological payment orders.
The petition stands dismissed.
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Patna High Court MJC No.2885 of 2017 (6) dt.19-09-2018
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2885 of 2017
======================================================
Bijendra Kumar Pandey
.... .... Petitioner/s
Versus Dr. Sunil Kumar Singh, Chairman, Bihar State Cooperative Marketing Union Ltd., Biscomaun Bhawan, Patna & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mohammed Abu Haidar For the Respondent/s : Mr.
.... .... Respondent/s
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
06 19.09.2018 Rejoinder is filed on behalf of the Managing
Director, Biscomaun.
Heard the parties.
The grievance of the petitioner is that the
Biscoman has not paid the arrears of salary to the petitioner, though this court had directed the Biscomaun to make payment of retiral dues of the petitioner in chronological order. Learned counsel for the petitioner, further, submits that the Biscomaun has paid arrears of salary to other employees who had been retired after retirement of the petitioner and, therefore, the Biscomaun is not following the chronological order in making payment of dues of the employees.
He, further, submits that in C.W.J.C. No.
Patna High Court MJC No.2885 of 2017 (6) dt.19-09-2018
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23019 of 2013, the Biscomaun accepted before the coordinate Bench of this court that arrears of salary to various employees who had retired in 2013 has already been paid and admittedly, the petitioner retired in the year 2011 and up till now, his arrear of salary has not been paid in spite of specific direction of this court.
On the other hand, learned counsel appearing for Biscomaun points out that this court granted liberty to the Biscomaun to make payment to the employees in chronological manner and the arrear of salary of the retired employees of Biscomaun has been paid only up to March, 2001 and, therefore, it is obvious that the turn of the petitioner has not come which is evident from Annexure-A to the rejoinder.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this petition stands dismissed.
Shahid/Abhijeet
(Hemant Kumar Srivastava, J)
U T
1 issue framed by the court
Whether the petitioner is entitled to arrears of salary in preference to other retirees due to previous court direction for payment in chronological order.
Bijendra Kumar Pandey
Dr. Sunil Kumar Singh
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
