Harish Chandra Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2714 of 2016 ======================================================

1. Harish Chandra Singh son of Late Sri Ram Avtar Singh resident of A - 307 Mahalakshmi Apartment East Boring Canal Road, Patna - 1. ExMember District Teacher Appellate Authority, Kaimur (Bhabhua).

2. Brij Nandan Sahay son of Late Thakur Lal A/102, Raj Kishori Complex Mool Chand Marg, Kankarbagh, Patna, Ex-Member District Teacher Appointment Appellate Authority Nalanda (Biharsharif).

3. Uma Kant Srivastava son of Late Raj Narain Srivastava A/141 New Patliputra Colony Patna, Ex-Member District Teacher Appointment Appellate Authority, Buxar.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Chief Secretary, Govt. of Bihar, Patna.

3. Principal Secretary Human Resources Development Department, Govt. of Bihar, Patna.

4. Principal Secretary Administrative Reforms Department, Govt. of Bihar, Patna.

5. Finance Secretary, Govt. of Bihar, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Adv. For the Respondent/s : Mr. Shailesh Kumar, AC to GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 23-03-2017 Heard Mr. Ranjeet Kumar, learned counsel appearing for the petitioners and Mr. Shailesh Kumar, AC to GP-20, for the State.

The grievance of the petitioners is that they have not been paid Dearness Allowance on the salary payable to them on reemployment as the Member of the District Teachers Appointment Appellate Authority.

Apart from the fact that in view of admitted position that the petitioners have drawn dearness allowance on the pension

Patna High Court CWJC No.2714 of 2016 (5) dt.23-03-2017 drawn by them during their tenure as Member, Appellate Authority, would not persuade this Court to direct the authorities for a reconsideration in respect of salary admissible to the petitioners as Members of the Appellate Authority another relevant aspect of the matter is that the petitioners have approached this Court after three years of the expiry of their tenure and which circumstance further does not persuade me to exercise my discretion.

The writ petition is dismissed.

(Jyoti Saran, J) Surendra/- U