Narayan Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11715 of 2012 Along with Interlocutory Application No. 8234 of 2015 =========================================================== Narayan Mishra Son of Late Pandit Adaya Mishra Village- Kawana, P.S. Gobind Ganj, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principle Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2. The Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, West Champaran, Bettia.

3. Zila Parishad, West Champaran through Chairman, Zila Parishad, West Champaran.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-10-2015 Heard learned counsel for the parties.

Learned counsel for respondent no. 2 is permitted to make necessary correction in paragraph no. 1 and prayer portion of Interlocutory Application No. 8234 of 2015. Let the same be done during the course of the day.

Re: Interlocutory Application No. 8234 of 2015 The present Interlocutory Application has been filed seeking modification of order dated 30.09.2015 by seeking exemption from appearance of respondent no. 2. Upon considering the averments made in the Interlocutory Application and submissions of learned counsel for the parties, the order dated 30.09.2015 stands modified to the extent that the respondent no. 2 is exempted from personally

Patna High Court CWJC No.11715 of 2012 dt.06-10-2015 2/2 appearing before the Court today.

Interlocutory Application No. 8234 of 2015 stands disposed off.

Re: Civil Writ Jurisdiction Case No. 11715 of 2012 Upon hearing learned counsel for the parties and on the basis of materials on record, it appears that all admissible dues of the petitioner have now been paid except for arrear of salary on account of 5th and 6th Pay Revisions. The stand of the respondents, as per their counter affidavit filed, is that the same has not been made applicable to the employees of the Zila Parishad, West Champaran, Bettiah and none of the employees are being paid the same.

In view of the aforesaid, the writ application stands disposed off. However, in the event the Zila Parishad, West Champaran, Bettiah decides to implement the 5th and 6th Pay Revisions with regard to its employees, any amount which may be found payable to the petitioner on such account shall be paid to him, in accordance with law, expeditiously. (Ahsanuddin Amanullah, J.) P. Kumar U T