PARMANAND RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner in C.W.J.C. No. 11263 of 2007 filed M.J.C. No. 4423 of 2014 on 24.11.2014, when the order dated 28.02.2014 passed by this court in C.W.J.C. No. 11263 of 2007 was not complied with by the opposite parties in M.J.C. No. 4423 of 2014, for initiation of contempt proceeding against the opposite parties of M.J.C. No. 4423 of 2014. The notices were issued to opposite parties in M.J.C. No. 4423 of 2014 and they appeared and filed their show cause in which at para-4 they accepted that the aforesaid order of this court was partially complied with. However, during pendency of aforesaid M.J.C. No. 4423 of 2014 , the opposite parties in M.J.C. No. 4423 of 2014 on 29.08.2016 filed Civil Review No. 391 of 2016 for modification and review of part of order dated 28.02.2014 passed in C.W.J.C. No. 11263 of 2007. The above stated M.J.C. No. 4423 of 2014 as well as Civil Review No. 391 of 2016 were heard together and accordingly common order is being passed.

(2.) Here, I would like to mention some relevant facts of C.W.J.C. No. 11263 of 2007. Petitioner in C.W.J.C. No. 11263 of 2007 filed the above stated writ petition under Article 226 of Constitution of India for issuance of commands to respondents to the aforesaid writ petition for making payment of his post retiral dues. The case of the petitioner in C.W.J.C. No. 11263 of 2007 was that he was appointed as Stenographer in Bihar State Co-operative Marketing Union Limited, Patna ( in short "BISCOMAUN") and having completed 58 years of age superannuated from his service on 30.11.2006 but his full retiral dues was not paid and thereafter, he filed the C.W.J.C. No. 11263 of 2007. In the aforesaid writ petition, BISCOMAUN and other respondents appeared and filed their counter affidavits. The above stated writ petition was disposed of vide order dated 28.02.2014 by this court directing the respondents of the aforesaid writ petition to take steps for payment of arrear of salary of writ petitioner from April 1997 to November 2006 when turn of the writ petitioner comes in chronological manner. This court also directed the respondent no. 3 of the writ petition to decide the dispute of earned leave if the aforesaid dispute is raised by the writ petitioner before him. Furthermore, this court directed the respondent no. 3 of the aforesaid writ petition/concerned respondents to recalculate the interest on principal amount of Rs. 1,89,936/- notionally making deduction in instalments in each and every month and after proper calculation return the remaining amount to the petitioner and also to calculate the statutory interest on Gratuity and Group Insurance till the date of its realization and payment. Furthermore, the respondent no. 3/concerned respondents were directed to make payment of provident fund of the writ petitioner along with employer's share from April 1997 to March 2004 and April 2006 to November 2006 after deducting the share of the writ petitioner's contribution from his salary for the aforesaid period.

(3.) The review petitioners want modification and review of the aforesaid order dated 28.02.2014 passed in C.W.J.C. No. 11263 of 2007 on the ground that as per prevailing provision and accepted practice in BISCOMAUN interest on Gratuity and Group Insurance amount is calculated and paid up to the date of superannuation of an employee and if in compliance of order of this court interest on Gratuity and Group Insurance is paid to the writ petitioner till the date of its realization, the same will open flood gate for all the employees of the BISCOMAUN and it will put heavy burden upon the BISCOMAUN. The second ground of the review petition is that in view of judgment reported in 2000(4) PLJR 273, the BISCOMAUN is not the State and, therefore, writ petition against the BISCOMAUN is not maintainable.