Munilal Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5592 of 2014 =========================================================== Munilal Paswan Son Of Late Banwari Paswan Resident Of Village Givind Bigha, Shyam Tola, Police Station And District Lakhisarai, At Present Ramtola, Balupar, Police Station And District Lakhisarai.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through The District Magistrate, Lakhisarai.

2. The District Magistrate, Lakhisarai.

3. The Superintendent Of Police Lakhisarai.

4. The Sub Divisional Officer, Lakhisarai.

5. The Additional Collector ( Legal Section), Lakhisarai.

6. That Anchaladhikari, Lakhisarai.

7. The Police Inspector, Police Station Lakhisarai, District- Lakhisarai.

8. The Officer In- Charge, Police Station Lakhisarai, District- Lakhisarai. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vidya Sagar For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 07-09-2015 *************** 07.09.2015 Heard learned counsel for the parties.

With a clear and categorical assertion of the respondents that the petitioner was absent from duty between January, 2007 to December, 2009 that is almost three years, there cannot be any direction for payment of salary.

Let the petitioner file a suit, establish his claim about his attendance as well as working for the period in question. If such a declaration is issued, may be there could be an occasion for the petitioner to beget salary. In the given facts and circumstances, no

Patna High Court CWJC No.5592 of 2014 dt.07-09-2015 2/2 direction under Article 226 of the Constitution of India can be issued in his favour.

Writ application is dismissed.

(Ajay Kumar Tripathi, J.) SKM/- U