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Patna High CourtL.P.A/436/2015dismissed

Omprakash Raut v. The State Of Bihar And ORS

2018-03-29Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.436 of 2015 In Civil Writ Jurisdiction Case No.5504 of 2013 ====================================================== Omprakash Raut, son of Late Mahendra Raut, resident of Ward no.3, Purani Bazar, Narkatiaganj, P.O.+P.S.- Shikarpur, Distt.- West Champaran. ... ... Appellant

Versus

1. The State of Bihar through the Secretary, Human Resources Department, Govt. of Bihar, Patnna.

2. The Chancellor, Universities of Bihar, Raj Bhawan, Patna

3. The Vice- Chancellor, Baba Saheb Bhimrav Ambedkar Bihar University, Muzaffarpur.

4. The Registrar, Baba Saheb Bhimrav Ambedkar Bihar University, Muzaffarpur.

5. The Principal, T.P. Verma College, Narkatiyaganj, West Champaran. ... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Suresh Mishra, Advocate For the State :

Mr. Rana Bhupendra Nr. Singh, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 29-03-2018 Heard counsel for the appellant, counsel for the respondent University and the State.

Since nothing of significance has emerged over and above what the learned Single Judge has had to say in the impugned order dated 06.08.2014, which has been taken note of in paragraph 9, which reads as under :

"9. The petitioner of CWJC No. 5504 of 2013 has relied upon Annexure-3 in support of his plea that he had been paid salary pursuant to his appointment as a Class IV employee in the

Patna High Court LPA No.436 of 2015 dt.29-03-2018 2/2 College from October, 1981 itself. Even if this plea is to be accepted, admittedly he has not been paid his salary from January, 2002 and this application filed belatedly in 2013 deserves to be rejected on the sole ground of delay and latches as well as in the light of observation of this Court in order dated 25.06.2003 passed in CWJC No. 5820 of 1992."

The reason for rejection of the writ application for the ground mentioned above is cogent and valid. Therefore, the appeal is dismissed being devoid of merit.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Rajesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.03.2018 Transmission Date NA