Civil Writ Jurisdiction Case Nos. 15818 of 2011 and 5576 of 2008. Case: Anita Kumari Vs The State of Bihar and Ors.. High Court of Patna (India)
| Case Number | Civil Writ Jurisdiction Case Nos. 15818 of 2011 and 5576 of 2008 |
| Counsel | For Appellant: Sudarshan Sharma, Adv. and For Respondents: Tej Bahadur Singh, AAG |
| Judges | Mihir Kumar Jha, J. |
| Issue | Constitution of India - Article 12 |
| Judgement Date | October 15, 2015 |
| Court | High Court of Patna (India) |
Judgment:
Mihir Kumar Jha, J.
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Heard learned counsel for the parties.
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The prayer of the petitioner in C.W.J.C. No. 5576 of 2008 reads as follows:-
That this is an application for issuance of an appropriate writ, order or direction to the Respondents concerned for payment of retrial dues of the husband of the petitioner who was working as night guard in Bihar State Cooperative Marketing Union Limited (BISCOMAUN) at Sitamarhi and died in harness on 24.4.2003.
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The prayer of the petitioner in C.W.J.C. No. 15818 of 2011 reads as follows:-
"That this application is directed on behalf of aforesaid petitioner for issuance of appropriate writ, order or direction as the case may for payment of post retrial dues of her husband Surendra Prasad Singh alongwith dues, salary, who died on-5.9.2007 while was serving as the Asstt Depot Manager Biscoman Respondent No. 2."
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As would be evident, the relief has been sought in both these writ applications against the Bihar State Cooperative Marketing Union Limited (BISCOMAUN), which is admittedly a society registered under the Bihar Cooperative Societies Act.
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At the outset, learned counsel for the petitioners have raised preliminary objection as with regard to maintainability of the writ application. In this regard, reliance has been placed by him on the judgment of the Special Bench of this Court in the case of Harendra Narain Banker Vs. State of Bihar and others, reported in 1985 PLJR 1078 and Full Bench Judgment of this Court in the case of Rajendra Prasad Sah & Ors. vs. the State of Bihar & Ors. reported in 2000 (4) PLJR 273 as well as in the case of Organizer, Dehri C.D. & C.M. Union Limited vs. The State of Bihar & Ors., reported in 2014 (1) PLJR 695.
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Learned counsel for the petitioners in reply have placed reliance on a Division Bench Judgment of this Court in the case of Bihar State Co-operative Marketing Union Limited (BISCOMAUN) through its Secretary and Anr. Vs. Mahesh Prasad Sharma & Anr., reported in 2011 (3) PLJR 440, as well as on a judgment of learned Single Judge in the case of Madhur Rajak & Anr. vs. State of Bihar and Anr. reported in 2007 (2) PLJR 814.
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In the considered opinion of this Court, once it is an admitted fact that BISCOMAUN is a society registered under the Bihar Co-operative Society Act and that not only earlier Division Bench of this Court in the case of Harendra Narain (supra) even Full Bench judgment in the case of Rajendra Prasad (supra) had also held...
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