Radhe Shyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.300 of 2022 In Civil Writ Jurisdiction Case No.10380 of 2020 ====================================================== Radhe Shyam Singh Son of Late Bhikhari Singh Resident of Village- Pawara, PS- Suryapura, District- Rohtas, presently posted as Assistant (Clerk) in the office of District Education Office, Kaimur at Bhabua. ... ... Appellant/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Education, Vikas Bhawan, Bailey Road, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Finance, New Secretariat, Govt. of Bihar, Patna.

3.

The Regional Deputy Director, Education, Patna Division, Patna. 4.

The District Education Officer, Kaimur, Bhabua. 5.

The District Program Officer (Establishment), Kaimur, Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Virendra Kumar Ray For the Respondent/s :

Mr.Sarvesh Kr. Singh (Aag13) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 07-12-2022 On 30.11.2022 the following order was passed:- Heard I.A. No. 01 of 2022 for condonation of delay of 60 days in filing the present Letters Patent Appeal. For the reasons stated in the application and the affidavit, delay of 60 days in filing the present Letters Patent Appeal is condoned. In the result, I.A. No. 01 of 2022 stands allowed. Learned counsel for the appellant submitted that matter is covered by earlier order passed in C.W.J.C.

No. 11759 of 2021 dated 25.11.2021 read

Patna High Court L.P.A No.300 of 2022 dt.07-12-2022 2/2 with earlier order passed in LPA No. 167 of 2016. Learned counsel for the respondent is hereby directed to ascertain, as to whether matter is covered by earlier decisions or not on the next date of hearing? Relist this matter on 07.12.2022.

Learned counsel for the respondent on instruction submitted that the present matter is covered by the aforesaid decisions of this Court.

Accordingly, the present LPA stands allowed in terms of the order dated 25.11.2021 passed in CWJC No.11759 of 2021 and LPA No. 167 of 2016.

Order of the learned Single Judge passed in CWJC No. 10380 of 2020 dated 22.03.2022 is set aside. Pending I.A., if any, stands disposed of.

(P. B. Bajanthri, J) ( Purnendu Singh, J) minu/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 14.12.2022.

Transmission Date N.A.