Patna High CourtCWJC/11894/2014dfd for non appearance

Dinbandhu Pathak And ANR v. The State Of Bihar And ORS

2019-02-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11894 of 2014 ======================================================

1. Dinbandhu Pathak and Anr S/o Late Jagdish Pathak, R/o Mohalla- New Club Area, P.S. Aurangabad Town, in the District of Aurangabad. Presently posted at Assistant Engineer Local Area Engineering Organization, Rohtas at Sasaram

2. Janardan Nath Singh, S/o Shri Markande Singh, R/o village Bhokari, P.S. Karagohar, District Rohtas at Sasaram, presently posted as Assistant Engineer, Rural Works Departments, Work Division, Pakori Dayal, District East Champaran ... ... Petitioners

Versus

1. The State Of Bihar

2. The Principal Secretary, Department of Finacne, Bihar, Patna

3. The Secretary, Department of Finance, Bihar, Patna

4. The Deputy Secretary Management Cell, Department of Finance, Bihar, Patna

5. The Officer-in-Charge, Finance Personal Claim Redressal Cell Department, Bihar, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Sc18- M. Nasrul Hoda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2019 The writ petition has been filed for a direction to the respondents to issue pay slip giving pay protection to the petitioners in light of provisions of Clause (2) & (3) of the notification dated 28.3.2012 issued by Road Construction Department.

Counter affidavit has been filed. It is submitted that the Clause under which the petitioners are seeking pay protection was without necessary approval from Cabinet and therefore the said two clauses have been deleted by modification dated 13.5.2014 issued by the Department under Memo No.

Patna High Court CWJC No.11894 of 2014(2) dt.25-02-2019 2/2 3691.

In view of such development the prayer made in the writ petition is not maintainable.

Since none appears on behalf of the petitioners, without going into merit of the submissions made by the State Counsel, the writ petition is dismissed for want of prosecution. (Madhuresh Prasad, J.) SNkumar/- U