IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.440 of 2011

In

Civil Writ Jurisdiction Case No. 5023 of 1997 With

Interlocutory Application No. 4393 of 2011 And

Interlocutory Application No. 4620 of 2011 In

Letters Patent Appeal No.440 of 2011

======================================================

1. The Sasaram Bhabhua Central Co-operative Bank Ltd., Sasaram (Rohtash) through its Managing Director. .............. Respondent no. 7 / Appellant

2. Satish Kumar Singh, S/o late Thakur Raj Bahadur Singh, at present Managing Director, Sasaram - Bhabhua Central Co-operative Bank, Rohtas at Sasaram, then District- Co-operative Officer, Sitamarhi. .... .... Respondent No. 4/ Appellant/s Versus

1. Kedar Singh, S/o late Vishwanath Singh, Village- Khudra, P.O.- Noan, P.S.- Noan, District- Kaimur, Bhabhua. ......................Petitioner/Respondent (1st Set)

2. The State of Bihar.

3. The Registrar, Co-operative Societies, Bihar, Patna.

4. Sri Shiv Narain Rai, then Managing Director, Sasaram Bhabhua Central Co-operative Bank Ltd., Sasaram (Rohtas).

5. Sri Vijay Kumar Mandal, Chairman Sasaram-Bhabua Central Co- Operative Bank Ltd., Sasaram (Rohtas).

6. The Administrator of the Sasaram-Bhabua Central Co-Operative Bank Ltd., Sasaram (Rohtas).

.... Respondents (2nd Set).... Respondents ====================================================== with

Letters Patent Appeal No.443 of 2011

IN

Civil Writ Jurisdiction Case No. 1615 of 1997 With

Interlocutory Application No. 4394 of 2011 And

Interlocutory Application No. 4673 of 2011 In

Letters Patent Appeal No.443 of 2011

====================================================== 2 Patna High Court LPA No.440 of 2011 (6) dt.26-07-2012

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1. The Sasaram Bhabua Central Co-operative Bank Ltd. through its Managing Director, Sasaram (Rohtas).

2. Satish Kumar Singh, S/o late Thakur Raj Bahadur Singh, at present Managing Director, Sasaram, Bhabhua Central Co-operative Bank , Rohtas at Sasaram, then District Co-operative Officer, Sitamarhi. .... Respondents .... Appellants

Versus

1. Raghunath Prasad, S/o Manik Chand Prasad, Vill. Kantoli (Fatak), P.O. Sasaram, Distt. Rohtas (Sasaram).

2. Kamalkant Singh, son of Sri Awadesh Singh, Vill. Kushri, P.O. Darigaon, Distt. Rohtas.

3. Tej Bahadur Singh, son of Sri Balkeshwar Singh, Vill.+P.O. Barki Mahuli, Via Takia Bazar, Distt. Rohtas (Sasaram).

4. Upendra Singh, son of Sri Jag Narain Singh, Vill. Surharia, P.O. Agarbala, Distt. Rohtas (Sasaram).

5. Dhananjay Pratap Rai, son of Ramakant Rai, Vill.+P.O. Pachpokhari, Distt. (Rohtas) Sasaram.

6. Ram Kumar Singh, son of Sri Raj Grihi Singh, Village Parwan, P.O. Nansari, Distt. Rohtas.

7. Arun Kumar Singh, son of Sri Kameshwar Singh, Vill. Atarniganj, P.O. Nasriganj, Distt. Rohtas (Sasaram).

8. Shiv Shankar Singh, son of Sri Ram Kumar Singh, Vill. Bishrampur, P.O. Khuriya, Distt. Rohtas (Sasaram).

9. Girija Shankar Singh, Son of Sheodhar Singh, Vill. + P.O. Nayakgaon, Distt. Rohtas (Sasaram).

10. Ashok Kumar Singh, son of Ram Bilas Singh, Vill. Kaithi, P.O. Bhadokhara, Distt. Rohtas (Sasaram).

11. Rabindra Kumar Singh, son of Sri Gorakh Nath Singh, Vill.+P.O. Sebnai, Distt. Gajipur (U.P.).

12. Hira Prasad Singh, son of Sri Khakhana Singh, Vill. Morikap, P.O. Dariagaon, Distt. Rohtas (Sasaram).

...........Petitioners/Respondents (1st Set)

13. The State of Bihar.

14. The Registrar, Co-operative Societies, Bihar, Patna. .... Respondents (2nd Set).... Respondent/s ====================================================== 3 Patna High Court LPA No.440 of 2011 (6) dt.26-07-2012

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Appearance :

(In LPA No.440 of 2011)

For the Appellant/s : Mr. Surendra Prasad Singh, Advocate. For the Respondent/s : Mr. Sri Rajendra Prasad Singh, Sr. Adv. And Mr. Mukesh Kumar, Advocate.

For the Respondent-State: Mr. Vishwambhar Prasad, AC to AAG 9.

(In LPA No.443 of 2011)

For the Appellant/s : Mr. Surendra Prasad Singh, Advocate. For the Respondent/s : Mr. Sri Rajendra Prasad Singh, Sr. Adv. And Mr. Mukesh Kumar, Advocate.

For the Respondent-State: Mr. Vishwambhar Prasad, AC to AAG 9. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

6. 26-07-2012 These two Appeals under Clause 10 of the Letters Patent are preferred by the respondent-Sasaram Bhabhua Central Co-operative Bank Ltd, Sasaram (Rohtas) (hereinafter referred to as the 'Bank') against the common judgment and order dated 18 th November 2010 passed by the learned single Judge in above C.W.J.C Nos. 5023 of 1997 and 1615 of 1997. The matter at dispute is the termination of service of the 13 writ petitioners in the year 1988 confirmed by the order of the Registrar Co-operative Societies Bihar, Patna made on 2nd December 1996.

Although the matters were pending before the learned single Judge for more than 13 years the Bank failed to file counter affidavit. The learned single Judge has followed the earlier judgment in C.W.J.C No. 5540 of 2006 which was 4 Patna High Court LPA No.440 of 2011 (6) dt.26-07-2012

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allowed under order dated 24th April 2007 and has directed the Bank to treat the 13 writ petitioners in the same manner as the writ petitioners in C.W.J.C No. 5540 of 2006. The learned single Judge had directed the Bank to reinstate the 13 writ petitioners in service.

Learned advocate Mr. Surendra Prasad Singh has appeared for the Bank. He has submitted that the petitioners in C.W.J.C No. 5540 of 2006 were not similarly situated as the 13 writ petitioners. However, the Bank could not file counter affidavit. The distinction between two sets of employees could not be brought before the Court.

Learned counsel Mr. Rajendra Prasad Singh has appeared for the respondent-writ petitioners. He has submitted that the writ petitioners had been rightly ordered to be reinstated in service as similarly situated writ petitioners in C.W.J.C No. 5540 of 2006.

On perusal of the record and hearing the learned advocates, it is apparent that the writ petitioners were daily wage employees of the Bank. They were engaged as such for around one year as submitted by the learned advocate Mr. Surendra Prasad Singh appearing for the Bank and for around three years as submitted by the learned counsel Mr. Rajendra Prasad Singh appearing for the respondent-writ petitioners. Be that as it may, it is evident that proper assistance was not extended to the learned single Judge. Further the writ petitioners are out of service since 1988. The learned single Judge has not considered whether the writ petitioners should be ordered to be reinstated in service after nearly 25 years. By now the petitioners are approaching the age of superannuation. We are of the opinion that the interest of justice 5 Patna High Court LPA No.440 of 2011 (6) dt.26-07-2012

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should be met if the matter is remitted to the learned single Judge and the Bank is allowed to file counter affidavit. For the aforesaid reasons, this Appeal is allowed. Impugned judgment and order dated 18th November 2010 passed by the learned single Judge in C.W.J.C Nos. 5023 of 1997 and 1615 of 1997 is set aside. C.W.J.C nos. 1615 of 1997 and 5023 of 1997 are revived and remitted to the learned single Judge for hearing and decision afresh.

The appellant Sasaram Bhabhua Central Co-operative Bank Ltd, Sasaram (Rohtas) is directed to file counter affidavit in the above writ petitions within four weeks from today. This order is made on condition that the Sasaram Bhabhua Central Co-operative Bank Ltd, Sasaram (Rohtas) will pay a cost of Rs. 500/- to each writ petitioner. Such amount of cost will be deposited in the Registry of the Court within three weeks from today.

(R.M. Doshit, CJ)

(Ahsanuddin Amanullah, J)

Prakash/-