CHANDRAMOHANJHA Vs. AWADH KISHORE SHARMA

JUDGEMENT

(1.) The instant appeal has been filed under clause 10 of the Letters Patent of the Patna High Court against the order dated 11.7.95 passed by a learned Single Judge in an application filed under Article 215 or the Constitution of India bearing M.J.C. No. 933/94.

(2.) Respondent No. 1 in the instant appeal filed a writ-application being C.W.J.C. No. 11754792 for issuance of a writ, order/direction commanding the res-pondents to the writ application for refund of the dearness allowance deducted from the salaries of the employees from 1.1.1979 to 28.2.1990, for payment of Group Saving General Lire Insurance Police monthly premium from 1990, the Group Gratuity premium of L.I.C. from 1990, the interim relief from 1.1.1986 instead of 1.1.1988, the enhanced allowance of house rent from 1.12.1986 instead of 30.6.92 and further arrears of salary on the basis of 5th Pay Revision from 1.3.1989 along with dearness allowance from July, 1991.

(3.) The aforesaid writ application was contested by the Respondent-Corporation by filing a counter-affidavit on behalf of the Chairman as well as the Managing Director of the Corporation. No. Counter-Affidavit was filed on behalf of the State of Bihar and/or Agriculture Production Commissioner or the Finance Commissioner, who were Respondent Nos. 1, 2 and 5 respectively in the said writ application inspite of sufficient opportunity granted by the Court and their being represented through counsel.