Md. Yunush v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8810 of 2013 ====================================================== Md. Yunush Son Of Late Md. Ali Hasan Residing At Milat Colony, Bari Road, Civil Line, Dist - Gaya , At Present Working As Headmaster High School, Umta Dhar Nai, P.S. - Makkhdumpur, Dist - Jehanabad ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna

3. The Director Secondary Education, Bihar Patna

4. The Regional Deputy Director Of Education, Magadh Division, District - Gaya

5. District Education Officer Gaya, District Gaya

6. Md. Noor Hasan Son Of Gulam Murtaza Assistant Teacher , High School Chaandauti, Dist- Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Respondent/s :

Mr. Subhash Pd. Singh, GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-11-2018 In view of the subsequent development i.e. after superannuation of the petitioner and on consideration of grant of post retiral benefits, the present writ petition has become only academic and as such the Court does not wish to enter into the controversy involved in the present writ petition. Since the petitioner has now superannuated and the order of recovery was stayed by order dated 24.6.2014 passed in the instant case, the Court directs the respondents not to recover any amount in view of the judgment of the Apex Court in the case of State of Punjab & Ors. Vs. Rafiq Masih (white washer), etc.: 2015 (1), PLJR (SC) 261= (2015) 4 SCC 334.

Patna High Court CWJC No.8810 of 2013(4) dt.26-11-2018 2/2 With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U