Rajnikant And Ors vs State Of Bihar And Ors

Heard Mr. Abhay Kumar Mishra, the learned counsel appearing for the petitioners, Mr. Diwakar Upadhyay, the learned counsel appearing on

behalf of the respondent no.1 and Mr. Ashok Kumar Yadav, the learned counsel appearing for the respondent nos.2 and 3.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising

due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been

heard.

The petitioners have preferred this writ petition for a direction upon the respondents to give effect to the decision taken by the Board of Directors

of the Corporation in its meeting held on 28.06.2019 pursuant to which it has been decided by the Board of Directors of the Corporation to implement

6th Pay revision for the employees of the Corporation with effect from 01.01.2006 in line with the resolution of Bihar Government vide letter dated

21.01.2010 and to pay the actual payment w.e.f. 01.04.2007 from its own sources with a rider that the payment shall be made subject to the approval

of Govt. of Bihar.

Mr. Abhay Kumar Mishra, the learned counsel for the petitioners submits that in view of Annexure-3 the dispute has been set at rest and vide

Annexure-3 the minutes of the meeting is on record which suggests that a decision has already been taken by the Board of Directors but approval is

required by the Government of Bihar. A request has already been made by the Bihar State Financial Corporation by way of Annexure-3 and 4 for

approval which is pending in the State Government and in that view of the matter the grievance of the petitioners has not been redressed as yet.

Mr. Ashok Kumar Yadav, the learned counsel for the respondent nos.2 and 3 submits that the matter can be disposed of with a direction to the

State of Bihar to consider the matter in the light of Annexure -3 and 4 and will pass an appropriate reasoned order.

Mr. Diwakar Upadhyay, the learned counsel for the respondent State of Bihar also submits that the Government of Bihar will pass appropriate

reasoned order within stipulated period.

Accordingly, the respondent State of Bihar is directed to take a decision in accordance with the rules, regulations and guidelines and taking into

consideration the decision of the Board of Directors of the respondent Financial Corporation within a period of 12 weeks from the date of

receipt/production of a copy of this order.

With the aforesaid observation and direction the writ petition [W.P.(S) No.861 of 2020] stands disposed of.

I.A. if any also stands disposed of.