IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.20645 of 2010 ============================================== Awadh Kishore Sharma, S/o Late Vishwanath Sharma, General Secretary, B.S. Ardh Sarkari Arajpatrit Karmachari Mahasangh, Krishi Udyog Bhawan, Sinha Library Road, Patna .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Chief Secretary, Government of Bihar, old Secretariat, Patna 3. The Finance Secretary, Government of Bihar, old Secretariat, Patna 4. The State of Jharkhand, Ranchi 5. The Chief Secretary, Government of Jharkhand, Ranchi 6. The Finance Secretary, Government of Jharkhand . ... .... Respondent/s ============================================== Appearance: For the Petitioner/s : Mr. Arbind Kumar Sharma For the Respondent/s : Mr. Madhuresh Prasad, GP-12 Mr. Pritish Kumar Lal A.C. to GP-12 ============================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06. 17.05.2011 This Petition under Article 226 of the Constitution is filed by one Awadh Kishore Sharma. The petitioner claims to be the General Secretary of B.S. Ardh Sarkari Arajpatrit Karamchari Mahasangh. This petition is filed consequent to the order of the Hon’ble Supreme Court made on Writ Petition (Civil) No. 488 of 2002 on 9th August 2010. At the outset, it may be noted that the petitioner has not disclosed whether the aforesaid Mahasangh is a recognized Union and whether he has Patna High Court CWJC No.20645 of 2010 (6) dt.17-05-2011 2 been authorized by his Union to file this petition on behalf of the aggrieved persons. Whether the aggrieved persons are the members of the said Mahasangh. Nor does the petitioner disclose whether he is an aggrieved party. In our opinion, the petition in the present nature filed on the premise that the Supreme Court has remanded the matter in Public Interest is totally misconceived. The High Court, concerned about the rights of the retired employees of the State Corporations/Boards to receive the terminal benefits, had initiated a suo motu proceeding C.W.J.C. No. 11640 of 2003 in Public Interest. Pending the said writ petition pursuant to the orders made by the High Court from time to time the State Government had released certain funds. The Committee constituted in the name of ‘Justice Uday Sinha Committee’ was to identify the recipients and to pay the terminal benefits to the retired employees of the State Corporations/Boards. Ultimately on 17th September 2007 the Bench (Coram : Dr. J.N. Bhatt, CJ as he then was & Justice Kishore K. Mandal, J), following the order dated 16th July 2007 made by the Hon’ble Supreme Court in Writ Petition (Civil) No. 488 of 2002 directed to wind up Justice Uday Sinha Committee and disposed of the writ petition in following terms. “In view of the aforesaid direction, Justice Patna High Court CWJC No.20645 of 2010 (6) dt.17-05-2011 3 Uday Sinha Committee shall stand wound up for the time being. Accordingly, the present petition at this stage will stand disposed of subject to the revival, if any.” Pursuant to the above referred order dated 9th August 2010 of the Hon’ble Supreme Court, the matter was again notified before us on 31st August 2010. We recorded the above referred order dated 17th September 2007 and the order dated 9th August 2010 of the Hon’ble Supreme Court. We recorded that the cause of action did not survive. The legal issues raised had become academic. The petition was, therefore, not required to be revived. It was also observed that any individual, if aggrieved, will have liberty to approach the appropriate forum. To our knowledge, till date not a single aggrieved party has approached this Court. Instead, now once again the present petition is filed purportedly in Public Interest to press the very issues under the tall claim that the Hon’ble Supreme Court has remanded the matter. In making such claim the petitioner has lost sight of the fact that the Hon’ble Supreme Court was seized of original writ petition, there was no occasion for remand of the matter. On the contrary, the Hon’ble Supreme Court had disposed of the petitions pending before it. All that the Hon’ble Supreme Court said was that the concerned Patna High Court CWJC No.20645 of 2010 (6) dt.17-05-2011 4 High Courts may examine the matters in the P.I.L. and pass appropriate order in P.I.L. as expeditiously as possible. As we have recorded hereinabove, C.W.J.C. No. 11640 of 2003 taken out in Public Interest had long been disposed of on 17th September 2007. On 9th August 2010 no matter in the subject matter was pending before this Court. In the fact situation, we do not consider it appropriate or necessary to entertain this petition. In view of the observation made in our order dated 31st August 2010, it is only an aggrieved party who is permitted to approach this Court. Petition in the present nature is not maintainable. For the aforesaid reasons, we dismiss this petition. We reiterate that any individual, if aggrieved, will have liberty to approach the appropriate forum. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)