Abdul Quaiyum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10021 of 2021 ====================================================== Abdul Quaiyum ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Prasad Gupta,, Adv For the Respondent/s :

Mr. Anil Kumar (GP-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-11-2022 No one appears on behalf of the petitioner.

Mr. Anil Kumar, learned GP-20 is present.

Earlier, when the matter was taken up on 14.11.2022 and 22.11.2022 no one had appeared to represent the case of the petitioner, today also the position is same.

The petitioner, who retired from the post of Head Maulvi from the Madarsa Darul Hoda Sikrona, Kadwa, Katihar filed the present writ application seeking direction upon the respondents to pay the retirement benefits.

Learned counsel for the State by referring the averments made in the counter affidavit submits that the issues involved in the present writ application has already set at rest by the Division Bench of this Court in L.P.A No. 43 of 2016 (Baidya Nath Jha vs. the State of Bihar & Ors and other analogous cases) vide judgment dated 13.08.2019 whereby, the

Patna High Court CWJC No.10021 of 2021(4) dt.28-11-2022 2/2 Division Bench has been pleased to hold the teaching and nonteaching staffs of non government recognized aided Madrasa/ Sanskrit schools are not entitled for retirement benefits. Be that as it may, no one is appearing on behalf of the petitioner.

The present application stands dismissed for non prosecution.

(Harish Kumar, J) N.K/- U