Uddhar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19660 of 2014 ====================================================== Uddhar Yadav S/O Late Bhagwati Yadav Resident of Village-Meheshpur,P.SHata.District-DeoriaU.P ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Collector-cum-District Magistrate, Kaimur at Bhabua 3.

The Sub- Divisional Officer, Bhabua ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhukar Mishra, Advocate For the State :

Mr. Ebadur Rahman Shaket, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-08-2023 1.

The present writ petition has been filed seeking the following reliefs:- "I. For issuance of an appropriate writ in the nature of Certiorari, quashing and setting aside the part of order bearing no. 128/2011-12 contained in memo no.- 1409 dated 31.10.2011 passed by the District Magistrate, Kaimur at Bhabhua, whereby while reinstating the petitioner in service, he has been pleased to order that the petitioner shall not be paid any amount for the interregnum period i.e.

from the date of dismissal till reinstatement on the principle of 'no work no pay.

Patna High Court CWJC No.19660 of 2014(2) dt.03-08-2023 2/2 II. For issuance of an appropriate writ in the nature of Mandamus, commanding & directing the respondent authorities to make payment of arrears of salary with up to date interest for the interregnum period i.e. 05.07.2003 to 31.10.2011, III. For issuance of appropriate writ in the nature of Mandamus, commanding & directing the respondent authorities to make payment of subsistence allowance for the period of suspension i.e. from 28.01.2002 to 05.07.2003."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U