← Library
Patna High CourtCWJC/8304/2017allowed

Daya Nath Jha And ANR v. The State Of Bihar And ORS

2018-04-11Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8304 of 2017 ======================================================

1. Daya Nath Jha Son of Late Tejnath Jha Resident of Village - Naruar, P.O. - Naruar, P.S. - Bhairav Asthan, District - Madhubani - 847407 (Bihar).

2. Lalan Safi Son of Late Chharpan Safi Resident of Village/ Mohalla - Singhiya, P.O. - Singhiya, P.S. - Singhiya, District - Samastipur (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2.

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

4. The Principal Secretary, Education Department, Government of Bihar, Patna.

5. The Principal Secretary, Department of Welfare, Government of Bihar, Patna.

6. The Principal Secretary, Food & Civil Supplies Department, Government of Bihar, Patna.

7. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

8. The Director, Directorate of Mass Education, Department of Secondary, Primary and Adult, Government of Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raju Giri Mr. Santosh Kumar Mishra For the Respondent/s : Mr. A.R. Pandey- AAAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-04-2018 The learned counsel for the parties are in agreement that the case of the petitioners herein is identical to the case of Baliram Singh and ors. vs. The State of Bihar and ors. Hence, the order dated 22.08.2016 passed in C.W.J.C. No. 22208 of 2013 squarely covers the present case.

Patna High Court CWJC No.8304 of 2017 (2) dt.11-04-2018 2/2 In view of the accepted position in law as well as on facts, I deem it fit and appropriate to dispose of the present case in the light of the judgment dated 22.08.2016 passed in C.W.J.C. No. 22208 of 2013 (Baliram Singh and ors. vs. The State of Bihar and ors.).

Accordingly, it is directed that the petitioners would be entitled to the payment of salary w.e.f. 01.10.2001 to 03.07.2007. The writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U