Patna High CourtCWJC/5693/2015dismissed

Sanjay Kumar Mishra v. The Union Of India And ORS

2015-05-06Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5693 of 2015 =========================================================== Sanjay Kumar Mishra, S/o Sri Umesh Mishra, R/o Village-Patsa, P.S.- Hasanpur Road, Distt.- Samastipur. Science Teacher Akashayavat Sanskrit, Secondary School Nawkothi, District- Beusarai.

.... .... Petitioner/s

Versus

1. The Union of India through Secretary, Sanskrit Shikshan Sansthan, New Delhi, Ministry of human Resources Department Govt. of India; New Delhi.

2. The Secretary Sanskrit Shiksha Sansthan, New Delhi.

3. The State of Bihar through Secretary Primary, Secondary Education, Govt. of Bihar, New Secretariat, Patna.

4. The Chairman/ Secretary Sanskrit Shiksha Board, Patna.

5. The Special Director (Secondary Education) Govt. of Bihar, Patna Vikash Bhawan, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Respondent/s : Mr. SANTOSH KUMAR JHA- GP3 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 06-05-2015 There is nothing on record to show that the petitioner is entitled to the same pay-scale as a regular Government servant. His expectation cannot become a ground for a direction upon the respondents unless obligation is created by the terms and conditions of appointment of the petitioner or on the basis of some notification issued relating to the petitioner as to his entitlement.

2. In absence of those materials, it is a fishy kind of writ application, looking for some kind of a windfall without any tangible evidence, which will entitle the petitioner to beget a direction or compel the Court to issue a mandamus upon the respondents.

3. Writ application is dismissed.

4. So far as regular payment is concerned, there is a modality for such

Patna High Court CWJC No.5693 of 2015 dt.06-05-2015 2 / 2 payment. If any changes are required in that, the Government has to take a call not the Court.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U