Patna High CourtL.P.A/430/2016dismissed

The State Of Bihar And ORS v. Shyam Nandan Singh

2017-06-20The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.430 of 2016 Arising out of Civil Writ Jurisdiction Case No. 13133 of 2007 ===========================================================

1. The State of Bihar through the Secretary, Secondary Education, Human Resources Department, Government of Bihar, Patna

2. The Secretary, Secondary Education Department, Government of Bihar, Patna

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

4. The District Education Officer, Jehanabad at Jehanabad

5. The Accountant General, Bihar, Birchand Patel Path, Patna - 1 .... .... Appellant/s

Versus

Shyam Nandan Singh, Son of Late Bishwanath Singh, Resident of village - Raunia, P.O. Bara, P.S. Masaurhi, District - Patna ( Retired Teacher, Kishan High School, Bhawanichak, Surangapur, District - Jehanabad .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 20-06-2017 Delay of 475 days in filing of this appeal is condoned. I.A. No. 1895 of 2016 stands allowed.

Considering the fact that the learned Writ Court has decided the issue in question for counting of the past services of the writ-petitioner and granting him pension based on the judgment rendered by a Division Bench of this Court in L.P.A. No. 851 of 2009 (Chulhai Prasad Singh Vs. State of Bihar and Ors.) which has been affirmed by the Supreme Court, as is evident from the order passed by

Patna High Court LPA No.430 of 2016 dt.20-06-2017 2/2 the Hon'ble Supreme Court, while dismissing Special Leave Petition on 09.08.2012 in SLP (C) No. 12747 of 2012, no case is made out for any further indulgence into the matter.

The Letters Patent Appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 22.06.2017 Transmission Date