Ramanand Prasad v. The State Of Bihar And ORS

Patna High Court CWJC No.20092 of 2010 (13) dt.07-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20092 of 2010 ====================================================== Ramanand Prasad Late Ram Ekbal Pd. R/O VILL-Ashogi, P.O. Bedaulbag, P.S. Purnahiya, Distt. Sheohar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Director, Primary Education, Bihar, Patna

3. The Regional Deputy Director, Tirhut Division, Muzaffarpur

4. The District Supreintendent Of Education,Sitamarhi

5. The Drawing And Disbursement Officer, Cum Head Master Middle School, Sitamarhi

6. District Treasury Officer, Sitamarhi

7. The Accountant General Bihar, Patna .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 07-07-2015 Heard learned counsel for the parties.

Having regard to the fact that all the retirement benefit of the petitioner has been paid and that petitioner now wants this Court in a case exclusively labeled as "retirement benefit (School service)" to claim payment of residuary salary of February-2002, January, February, September 2007 and May 2008, on the basis of certain pay fixation statement, this writ application has to be held to be not maintainable inasmuch as the petitioner cannot expand the scope of writ application. If the petitioner has any grievance as with regard

Patna High Court CWJC No.20092 of 2010 (13) dt.07-07-2015 to payment of salary he can definitely raise it before appropriate forum/Court but then cannot convert this writ petition confined to retirement benefits for the purposes of deciding the issue of payment arrears of salary.

That being so, this writ application is devoid of any merit and is, accordingly, dismissed.

(Mihir Kumar Jha, J) Ranjan/- U