The State Of Bihar And ORS v. Krishnanand Jha

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1236 of 2016 ===========================================================

1. The State Of Bihar through the Principal Secretary, Department of Human Resources and Development, Government of Bihar, Patna.

2. The Principal Secretary, Department of Human Resources and Development, Government of Bihar, Patna.

3. The Director, Primary Education, Government of Bihar, Patna.

4. The Regional Deputy Director, Koshi Division, District- Saharsa.

5. The District Education Officer, District- Supaul.

6. The District Programme Officer (Establishment), District- Supaul.

7. The Block Education Officer, Raghopur, District- Supaul.

8. The Drawing and Disbursing Officer- cum- Headmaster, Middle school, Raghopur, District- Supaul.

.... .... Appellant/s

Versus

1. Krishnanand Jha S/o- Sadanand Jha, Resident of Village- Hulash, P.O.- Hulash, P.S.- Raghopur, District- Supaul.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rakesh Kumar Shrivastava, AC to G.P.-15 For the Respondent/s : Mr. Subodh Kumar Jha, Adv =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-07-2017 Re:-Interlocutory Application No. 4790 of 2016 The interlocutory application has been filed for condonation of delay in filing of the appeal. On the ground mentioned in the interlocutory application, the delay in filing of the appeal is condoned. Re:-Letters Patent Appeal No. 1236 of 2016 Considering the fact that orders passed under

Patna High Court LPA No.1236 of 2016 dt.27-07-2017 2/2 identical situation in C.W.J.C. Nos. 5424 of 2012 and 9031 of 2014 issuing identical directions have been implemented by the State Government by conferring the benefits to the employee concerned, there is no reason as to why the same benefits is not granted to the present respondent also who is also identically situated. Keeping in view the selective manner in which Letters Patent Appeals are being filed by the State Government, we are not inclined to interfere into the matter. However, we keep the legal question, if any open for consideration in appropriate case. The appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01/08/2017 Transmission Date NA