Patna High Court - Orders
The State Of Bihar & Anr vs Dinesh Chandra Baluni & Ors on 30 July, 2013
Author: Navin Sinha
Bench: Navin Sinha, Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1968 of 2010
In
Civil Writ Jurisdiction Case No. 11775 of 2010
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The State Of Bihar & Anr
.... .... Appellant/s
Versus
Dinesh Chandra Baluni & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ajay Kr.Sharma (Ac-Aag3)
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA
and
HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE NAVIN SINHA)
11 30-07-2013Today again prayer is made for accommodation on behalf of the State.
The learned Single Judge adequately noticed the earlier litigation and the pendency of certain Special Leave Petitions distinguishing it on the ground that the claims subsequently were based on a fresh cause of action dated 11.5.2010 followed by the U.G.C. regulations dated 30.6.2010.
Learned counsel for the respondents submits that pursuant to the same the State Government has issued letter dated 7.12.2011 enhancing the age of superannuation from 62 to 65 with effect from 30.6.2010. He places a Xerox copy of the letter.
The primary duty of the Appellants is to assist this Court in dispensation of justice and not unnecessary consume the time of the Court. We require the Principal 2 Patna High Court LPA No.1968 of 2010 (11) dt.30-07-2013 2/2 Secretary, Education Department, Government of Bihar to file an affidavit explaining why the letter dated 7.12.2011 in fairness was not brought on record by the Appellants but had to be brought on record by the respondents and even before us the State does not appear to be taking a clear stand with regard to the said letter.
The affidavit must be affirmed by the Principal Secretary himself and none other.
List on the 6th of August, 2013.
(Navin Sinha, J) (Vikash Jain, J) P. Kumar/-