Md.Hafiz v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.251 of 2012 ====================================================== MD.HAFIZ S/O Late Md. Mojibul Permanent R/O Village- Chaknoor, P.O.- Rahmatpur, P.S.- Samastipur, District- Samastipur ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Nagar Parishad, Samastipur 3.

The District Magistrate, Samastipur 4.

The Executive Officer, Nagar Parishad, Samastipur 5.

The Special Officer, Nagar Parishad, Samastipur 6.

The President Nagar Parishad, Samastipur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Sunil Kumar, AC to GP 11 For N agar Parishad :

Mr. Durga Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-10-2019 This writ petition has been filed by the petitoiner claiming himself to be a Jamadar in the services of respondents 4 and 5.

The President of the Nagar Parishad is represented in the instant proceeding. Counsel representing him submits that as per telephonic instruction the dues on account of salary since 2008 has been paid up till November 2018. It is submitted that due to want of funds, salary after November 2018 has not been paid to any of the employees.

Counsel representing respondent No. 6 therefore submits that since payments would be made as per availability

Patna High Court CWJC No.251 of 2012(6) dt.21-10-2019 2/2 of the finance cause of action does not survive as salary has been paid till November 2018.

Since none appears on behalf of the petitioner, without going into merit of the submissions advanced by respondent No. 6 this writ petition is dismissed for want of prosecution in presence of Counsel for the State. (Madhuresh Prasad, J) SNkumar/- U