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Patna High CourtL.P.A/816/2016dismissed

Md. Ghani Ansari And ANR v. The State Of Bihar And ORS

2017-11-13Mr. Justice Rajeev Ranjan Prasad,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.816 of 2016 In Civil Writ Jurisdiction Case No.3777 of 2015 ======================================================

1. Md. Ghani Ansari, son of Sahid Ansari, Resident of village + Post - Bhelwa, P.S. - Ghorasahan, District - East Champaran at present working as Assistant at District Treasury Office, Motihari

2. Md. Aslam Ansari, son of Hafiz Abdullah, R/o Village - Khori Pakar, P.O. - Kirtipur, P.S. - Harsidhi, District - East Champaran ... ... Appellant/s

Versus

1. The State Of Bihar through Principal Secretary, Department of Industries, Government of Bihar, Patna

2. The Director, Department of Industries, Government of Bihar, Patna

3. The Managing Director, Bihar State Handloom and Handicraft Corporation Ltd., Udyog Bhawan, Patna - 4

4. The Chief Accounts Officer, Bihar State Handloom and Handicraft Corporation Limited, Udyog Bhawan, Patna - 4 ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Mohammed Abu Haidar Advocate For the Respondent/s :

Mr. Suresh Kumar AC to GP-1 Dr. Anand Kumar Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 13-11-2017 A cock and bull story cannot form the basis for long condonation of 245 days. The reasons so assigned that the appellant had no knowledge of the order, which was pronounced and dictated in Court, cannot be accepted on the face value. In view of the same, the condonation application, which is I. A. No. 3257 of 2016 is dismissed. As a consequence thereof,

Patna High Court LPA No.816 of 2016(10) dt.13-11-2017 2/2 even the appeal stands dismissed.

We would like to add that we have also perused the order of the Learned Single Judge. The writ application do not have any merit and the Learned Single Judge, therefore, has not committed any error by refusing to pass any order for payment of salary on revised pay-scale from the Fourth Pay Revision Commission's recommendation till now, because it was a speculative writ application filed by employees looking for a windfall only after they were accommodated in the State Government, that too from a defunct corporation, which was a dead organization. The benefit so sought relates to the year 1986-1996 after more than two decades.

Writ Application is dismissed, along with condonation. (Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U