The State Of Bihar And ORS v. Chintamani Devi And ORS.

Patna High Court LPA No.44 of 2015 dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.44 of 2015 IN Civil Writ Jurisdiction Case No. 20478 of 2012 ============================================

1. The State of Bihar.

2. The Director, Secondary Education, Govt. of Bihar, Budh Marg, Patna

3. The District Education Officer, Patna .... .... Appellants

Versus

1. Ramadhar Sharma S/o Late Bindeshwar Singh, resident of village - Nawan, P.O.- Jamui, P.S.- Dulhin Bazar, District- Patna

2. Manish Kumar S/o Ramadhar Sharma

3. Neeraj Kumar S/o Ramadhar Sharma All resident of village - Nawan, P.O.- Jamui, P.S.- Dulhin Bazar, District- Patna

4. The Accountant General, Birchand Patel Marg, R-Block, Patna. .... .... Respondents ============================================ Appearance :

For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr. Patanjali Rishi, Advocate For the Respondent/s : Mr. Mayanand Jha, Advocate ============================================ CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 17-05-2017 The State appeal is required to be dismissed in view of the fact that the State authorities themselves have issued a notification dated 15th January, 2016 covering of the period of 01.04.2007 to 23.09.2009. This notification is because of fall out of a decision rendered in C.W.J.C. No. 176/2013 decided on 15.05.2014.

In view of the said notification, no interference is warranted with the decision of learned Single Judge in the appeal of the State.

This appeal is, accordingly, dismissed.

(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) Rajeev/NAFR U