1 Letters Patent Appeal No.1312 OF 2000 Against the judgment and order dated 10.8.2000 passed by a learned Single Judge of this Court in C.W. J.C. No.10979 of 1999. Bihar State Cooperative Marketing Union Ltd.-(Appellant) Versus THE STATE OF BIHAR & ORS-------------------(Respondents) ----- For the Appellant :- Mr. Rajesh Pd. Choudhary. For Respondent No. 4 :- M/S. Navin Prasad Singh & Dr. Manoj Kumar P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE JUSTICE SMT. REKHA KUMARI ------ Shiva Kirti Singh & Rekha Kumari, JJ., Heard the parties. 2. By the order under appeal dated 10.8.2000 the Hon’ble Single Judge allowed the writ petition filed by respondent no. 4 and directed the appellant to pay the entire salary dues uptodate of the writ petitioner within two weeks of the receipt/production of a copy of that order, failing which the Administrator of BISCOMAUN was directed not to draw his salary and other allowances till the order of the writ court was fully complied with. 3. While admitting this writ application on 4.4.2001 an interim order was passed to stay the operative part of the order under appeal but prior to that on different dates directions had been issued and pursuant to the same the writ petitioner was paid a sum of rupees one lac twentyfive thousand towards the dues of the salary. During the pendency of this appeal, a further amount of Rs.15,500/- has admittedly been paid to the writ petitioner. 4. According to the learned counsel for the appellant, the writ petitioner is entitled to a further amount of rupees two lacs thirtythree thousand and odd towards his 2 dues of salary and allowances till 10.8.2000 when the writ petition was allowed. It has been offered by the appellant that they shall pay the aforesaid dues of rupees two lacs thirtythree thousand and odd in two instalments, first within one week from today and the balance half within four weeks from today. It has been highlighted on behalf of the appellant that BISCOMAUN is going through poor financial conditions since long and, therefore, it would not be proper to single out only the writ petitioner for payment of full salary for the period after the disposal of the writ petition when similarly situated other employees of BISCOMAUN are not getting full salary and many of the employees who are not concerned with essential duties at the headquarters have not received salary for a number of years. It has been highlighted that with meager resources it has been arranging to pay the post retrial benefits of its employees with great difficulty to comply with various orders of this Court for payment of retrial dues. 5. Learned counsel for the writ petitioner-respondent no. 4, on the other hand, submits that in the facts of the case the writ petitioner should be paid not only the entire salary dues till the date of disposal of the writ petition but till this date because BISCOMAUN cannot be permitted to deny the admitted dues of salary to its employees. In reply, it has been submitted that BISCOMAUN is not denying its liability but on account of poor financial condition and for the reasons beyond its control, it is not in a position to pay the admitted salary dues of its employees in full and, hence, the writ petitioner should also receive the same treatment as the other employees of the BISCOMAUN are receiving in the matter of payment of salary. 3 6. Having considered the rival contention, we are of the view that the order under appeal requires no interference. However, the time period for payment of uptodate dues of salary of the petitioner till 10.8.2000 is extended by four weeks from today. Such dues may be paid in two instalments as suggested by the learned counsel for the appellant. 7. With the aforesaid modification in the period indicated in the order under appeal for payment of dues of salary, this appeal is dismissed. There will be no order as to cost. (Shiva Kirti Singh, J.) (Rekha Kumari, J.) Patna High Court, The 17th April, 2008. AMIN/ (N.A.F.R.)