Gaurav Kumar Gupta & Ors. vs The State Of Bihar & Ors.

Heard learned counsel, Mr. Kumar Kaushik for the petitioners assisted by Mr. Piyush Kumar Ojha and Mr. Rohit Kumar Singh, learned AC to GP-6.

During the course of argument, learned counsel for the petitioners submits that the writ application may be disposed of with a limited prayer in the light of the statement made in the second supplementary counter affidavit filed on behalf of the State.

Petitioners had earlier moved before this Hon’ble Court in CWJC No. 2844 of 2001 along with analogous cases and vide order dated 26.06.2001, the writ application was dismissed with certain observations and directions stating that one of the grievance of the petitioners regarding the salary for the period of their contract was subsisting, was not paid to them and the respondent authorities were directed to pay to each of the petitioners and other similarly situated of the admitted dues within one month from today.

Against, the said decision of the Hon’ble High Court, certain LPAs were preferred by the writ petitioners and all the petitions were dismissed in LPA No. 644 of 2021 and aggrieved by the order of LPA, some of the petitioners preferred SLP bearing SLP(C) Nos. 25009-25010 of 2023 (Sanjay Kumar Giri & Ors. Vs. the State of Bihar & Ors.) before the Hon’ble Supreme Court and vide order dated 30.08.2024, the SLP was dismissed without interferring with the order passed in LPA no. 820 of 2023 and 842 of 2023.

It is submitted on behalf of the counsel for the State that the petitioners have approached this Hon’ble Court after a long gap of more than twenty one years for the cause of action and they have raised the issue of non-payment of salary and honorarium.

It is further stated that this Hon’ble Court had passed order on 26.06.2001 in CWJC No. 2844 of 2001 but the petitioners never approached the authority thereafter and only after the gap of twenty one years, they are claiming the due salary without any basis.

It is further stated that the petitioners have not submitted any calculation of amount or any supportive documents in support of their claim. It is submitted on behalf of the State that as far as petitioner nos. 1, 5, 7, 9, 12 and 13 are concerned, they have been paid the entire benefits and nothing is pending for payment to them and so far as payment of remaining seven petitioners are concerned, it is submitted that if they submit their claims with the supportive documents before the concerned respondent authorities, in such case, the respondent authorities is willing to make all possible efforts to redress their grievance.

Considering the above, the remaining seven petitioners i.e. petitioner nos. 2, 3, 4, 6, 8, 10 and 11 are directed to file their individual representations before the Director, Department of Science and Technology, Government of Bihar, Technology Bhawan, Patna (respondent no. 3) along with all supportive documents within six weeks from today. If the individual representations are filed within stipulated time, the respondent no.3 shall dispose of the same within a period of eight weeks from the date of receipt of representations.

It is needless to emphasis that the final order passed by the respondent no. 3 shall be a reasoned and speaking order and opportunity of hearing should be given to the petitioners.

It is further clarified that the respondent no. 3 comes to the conclusion that the petitioners are entitled to the relief which the petitioners would be claiming through their representations, then the same should be extended to the seven petitioners within a further period of four weeks thereafter from the date of passing of the order.

With the above observation and direction, this writ application is disposed of.

Pending I.As, if any, shall automatically stand disposed of.