MD. QUASIM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Considering the identical grievance and the nature of the dispute, both the writ petitions have been heard together and with the consent of the respective parties are being disposed of by this common order/judgment.

(2.) Heard Mr. Anis Akhtar, learned counsel along with Md. Rashid Alam, learned counsel appearing on behalf of the petitioners in both the cases, Md. Sajid Salim Khan, learned counsel along with Ms. Shobia Mustaq, learned counsel for the Bihar Urdu Academy and Mr. Arvind Kumar, learned counsel along with Mr. Umesh Kumar Rai, learned counsel for the State.

(3.) The petitioner in C.W.J.C. No. 6619 of 2023 is a retired employee of the Bihar Urdu Academy, Patna has filed the present writ petition seeking a direction commanding upon the respondent Secretary, Bihar Urdu Academy, Patna (respondent no.8) to make payment of Rs.5,88,665.00, deducted from his gratuity, whereas the petitioners in CWJC No. 9991 of 2023 are the working employees of Bihar Urdu Academy, Patna (hereinafter referred to as 'the Academy') and they have preferred the writ petition seeking quashing of orders as contained in letters no. 58/23, 57/23 and 59/23 dtd. 23/6/2023 passed by respondent no.8 whereby a direction has been issued for deduction of the amount of Rs.5,88,665.00, Rs.8,34,478.00 and Rs.5,78,621.00 respectively from their salary, which amount was paid to all the petitioners after the proceedings of M.J.C. No. 5056 of 2012, brought for non-compliance of the order dtd. 16/8/2011 passed in C.W.J.C. No. 16537 of 2004 after five years of getting the contempt proceedings dropped and further to arraign the respondent Secretary for his deliberate and gross willful contemptuous conduct of disobedience and misconstruction/misinterpretation of the orders dtd. 16/8/2011 and 8/11/2017.