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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2141 of 2016 Arising out of Civil Writ Jurisdiction Case No. 12171 of 2014 ===========================================================

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

2. The Director (Administration), Department of Education, Govt. of Bihar, Patna.

3. The Director, Secondary Education, Government of Bihar, Patna.

4. The Special Director, Secondary Education, Government of Bihar, Patna.

5. The Principal of Madarsa Islamia Shamshul Hoda, Patna. .... .... Appellant/s

Versus

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

2. Md. Zafar Sadique, S/o- Late Mustafa Raza Kamali, Resident of VillagePokhraira, P.S.- Nanpur, District- Sitamarhi.

3. Md. Sayeed Ahmed, S/o- Late Md. Salaiman, Resident of Village- Narkatia, P.S.- Hathauni, District- Muzaffarpur.

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

For the Appellant/s : Mr. Rakesh Narayan Singh, Advocate For the Respondent/s : Mr. Siya Ram Sahi, Advocate Mr. Md. Anisur Rahman, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-04-2017 The issue involved in the matter pertains to grant of A.C.P. and fixation of pay.

Having heard learned counsel for the parties, we find that the learned Writ Court has based its decision on an earlier order passed in C.W.J.C. No. 7579 of 2012 and in doing so, no error has been committed by the learned Writ Court as the question involved

Patna High Court LPA No.2141 of 2016 dt.03-04-2017 2/2 already stood decided way back on 3rd of October, 1997 when C.W.J.C. No. 11338 of 1994 was decided by a Bench of this Court against which the L.P.A. filed being L.P.A. No. 1430 of 1997 was also dismissed and when employees identical situated were given the said benefit, there is no error in conferring the benefit to the present respondents-petitioners also.

Finding no merit, the Letters Patent Appeal stands dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 04.04.2017 Transmission Date