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Patna High Court

Dev Narayan Yadav vs The State Of Bihar & Ors on 10 August, 2018

Author: Anil Kumar Upadhyay

Bench: Anil Kumar Upadhyay

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13067 of 2011
     ======================================================
     Dev Narayan Yadav S/O Late Kamleshwari Prasad Yadav R/O Vill.-
     Khurasan, P.S.- Salkhua, Distt.- Saharsa

                                                              ... ... Petitioner/S
                                      Versus
1.   The State Of Bihar
2.   The Director, Primary Education, Government Of Bihar, Patna
3.   The Regional Deputy Director Of Education, Koshi Division, Saharsa
4.   The District Education Officer, Saharsa
5. The District Programme Officer (Establishment), Saharsa


                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Shree Kant Pandey, Advocate
     For the Respondent/s   :     Mr. Awdhesh Kumar Pandey GA-9
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
     ORAL JUDGMENT

Date : 10-08-2018 Learned counsel for the petitioner is permitted to implead the District Programme Officer (Establishment), Saharsa as party respondent No. 5 during the course of the day.

2. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

3. Learned counsel for the petitioner submits that the case relates to payment of arrears of salary prior to 2009. Similar issue has been adjudicated by a Co-ordinate Bench of this Court in CWJC Nos. 14470 of 2009 and 11837 of 1997.

4. In view of the above, the writ petition is disposed of with a direction to the respondents to examine the claim of the petitioner in the light of the orders dated 31.8.2010 and 3.2.2010 Patna High Court CWJC No.13067 of 2011 dt.10-08-2018 2/2 passed in CWJC Nos. 14470 of 2009 and 11837 of 1997 respectively and if it is found that the case of the petitioner is covered by the aforesaid two orders, necessary order may be passed by the respondent- District Programme Officer (Establishment), Saharsa within a period of three months from the date of receipt/production of a copy of this order.

4. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/-

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Uploading Date            13.08.2018
Transmission Date