Binay Kumar Sahay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2043 of 2015 =========================================================== Binay Kumar Sahay S/o Late Rajeshwar Prasad R/o Village Dumari, P.O. Khabra, P.S. Sadar, District Muzaffarpur, working as Sheristedar, District Judge, at Civil Court, Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Finance, Bihar, Patna.

2. The Registrar General, Patna High Court, Patna.

3. The District and Sessions Judge, Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Manoj For the Respondent State: Mr. ABBAS HAIDER, SC 16 For Patna High Court : Mr. Satyabir Bharti =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 17-03-2015 A K Tripathi, J.

In view of the stand taken by respondent No.3 in the counter affidavit along with the supporting annexures thereto, the claim of the petitioner for grant of benefit is not a matter of dispute. Necessary recommendations have also been made but the only impediment coming in the way of actual benefit in favour of the petitioner is the proposed amendment, which is required to be made in the Bihar Civil Court Staff (Class III and IV) Rules, 2009 and the same is under active consideration of the Hon`ble High Court.

2. Writ application is disposed of with an observation that no sooner the amendment is made by the High Court and communicated to the State, the benefit will accrue to the petitioner immediately.

Patna High Court CWJC No.2043 of 2015 dt.17-03-2015 2 / 2

3. Writ application is disposed of in terms of the above. (Ajay Kumar Tripathi, J) R.K.Pathak/- U