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Patna High CourtMJC/282/2015disposed

Md. Alauddin And ORS v. The State Of Bihar And ORS

2015-07-29Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.282 of 2015 IN Civil Writ Jurisdiction Case No. 12171 of 2014 ===========================================================

1. Md. Alauddin Son of Late Abdul Hafeez Resident of Village - Doghra, P.S. - Jalay, District - Darbhanga.

2. Md. Zafar Sadique Son of Late Mustafa Raza Kamali Resident of Village - Pokhraira, P.S. - Nanpur, District - Sitamarhi.

3. Md. Sayeed Ahmad Son of Late Md. Sulaiman Resident of Village - Narkatia, P.S. - Hathauri, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Sri R.K. Mahajan, Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

2. Sri Rajendra Ram the Director (Administration)

3. Sri Suresh Chaudhry the Special Director, Secondary Education, Govt. of Bihar, Patna.

4. Sri Ram Bujhawan Chaudhary Director, Secondary Education, Govt. of Bihar, Patna.

5. Sri Khwaja Abdul Bari The Principal, Madarsa Islamia Shamsul Hoda, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Respondent/s : Mr. GA12 AJAY =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 29-07-2015 *************** 29.07.2015 Heard learned counsel for the parties.

O.P. Nos. 3 and 5 have appeared in person, as directed. They not only express sincere apology but also offered explanation as to why there has been delay in complying with the order in question.

The recovery has been stopped. The recovery so made has been ordered to be refunded. Now the petitioner says that the pay-scale has been reduced. That matter can be examined and it is further made clear

Patna High Court MJC No.282 of 2015 dt.29-07-2015 2/2 that the status of the petitioner is not independent of, but the same was based on a direction given in the case of Md. Abid Hussain. Since an LPA has been preferred against the order of the Learned Single Judge passed in the case of Md. Abid Hussain, the final status of the petitioner will be decided on the basis of the said LPA. Contempt Application stands disposed off.

The controversy with regard to the pay-scale will be looked into by the Special Director and appropriate direction will be issued in this regard within a period of four weeks from the date of production / communication of a copy of this order.

The personal appearance of the two O.P.s stands dispensed with.

(Ajay Kumar Tripathi, J.) U SKM/-