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Patna High CourtCWJC/2868/2012dismissed

Dr. Mahesh Thakur v. The State Of Bihar And ORS

2019-11-04Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 2868 of 2012 ====================================================== Dr Mahesh Thakur, S/o Late Satya Narayan Thakur, R/o Village - Shankarpur, Bindhi, P.S.- Piprahi, District- Sheohar, Presently Residing At MohallaShanti Nagar in front of ITI, PS + District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Panchayati Raj Department, Government Of Bihar, Patna 3.

The Deputy Secretary, Panchayati Raj Department, Government Of Bihar, Patna 4.

Zila Parishad, Sitamarhi through its Chief Executive Officer -Cum- Deputy Development Officer, Sitamarhi 5.

Deputy Development Officer -Cum- Chief Executive Officer, Zila Parishad, Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar Singh For the Respondent/s :

Mr.Shashi Bhushan Kr. Sc7 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the respondent-State.

Learned counsel for the petitioner submits that in spite of specific directions recognizing the petitioner's claim for salary for the period between 01.01.2010 to 11.05.2011 contained in the order dated 02.08.2011 passed in CWJC No 6236 of 2011, earlier filed by the petitioner, benefits have not been granted to the petitioner.

This Court would observe that once there is a declaration and direction in favour of the petitioner, resort to a

Patna High Court CWJC No.2868 of 2012(3) dt.04-11-2019 2/2 successive writ petition for the same relief cannot be sustained. If the Authorities are refusing to act in compliance with the order passed by this Court in CWJC No 6236 of 2011, the petitioner has appropriate remedies by way of contempt proceedings.

Writ petition is disposed of with liberty to the petitioner to avail appropriate remedy in accordance with law. (Madhuresh Prasad, J) M.E.H./- U