Mohd. Murshid Alam v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No. 280 of 2012 Arising out of Civil Writ Jurisdiction Case No. 16967 of 2011 ====================================================== Mohd. Murshid Alam Son of Late Abdul Majeed Resident of Mohalla - Panchaiti Akhara, Police Station - Kotwali, District - Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar through its Secretary, Education Department, Secretariat, Patna.
2. Anjani Kumar Singh Son of not known to the Petitioner, Principal Secretary Education Department, Bihar, Patna.
3. Shri Rajendra Ram Son of not known to the Petitioner, Director, Education Department, Bihar, Patna.
4. Binod Kumar Jha Son of not known to the Petitioner, District Education Officer, Gaya.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 29-04-2015 Heard learned counsel for the parties.
Pursuant to earlier order of the Court, supplementary show cause has been filed on behalf of the Director, Primary Education, Government of Bihar affirmed on 22.04.2015 in which copy of order dated 17.04.2015 has been annexed in which it has been directed that the period 07.04.2012 to 29.03.2015 shall be treated to be continuous service for the purposes of pensionary benefit but on the principle of no work no pay, he would not be entitled to the salary of that period and admitting that the petitioner was appointed as Peon on 29.03.1976. It is thus clear that the service of the petitioner stands accepted as continuing without
Patna High Court MJC No.280 of 2012 (41) dt.29-04-2015 2/2 break from 29.03.1976.
In view of the aforesaid, learned counsel for the petitioner submits that since the petitioner has less than one year to superannuate, he does not propose to litigate any further. This Court also does not deem it appropriate to go into the aspect as to whether the opposite parties had committed contempt as they have tendered unqualified apology. Accordingly, the application stands disposed off. (Ahsanuddin Amanullah, J.) P. Kumar U