Patna High Court - Orders
The State Of Bihar & Ors. vs Krishna Kumar Singh & Anr. on 27 September, 2011
Author: Mridula Mishra
Bench: Mridula Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2774 of 2010
Krishna Kumar Singh & Anr.
Versus
State Of Bihar & Ors.
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with
Civil Review No.287 of 2010
IN
(CIVIL WRIT JURISDICTION CASE 7299/2009)
The State Of Bihar & Ors.
Versus
Krishna Kumar Singh & Anr.
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04. 27.09.2011Civil Review No. 287 of 2010 has been filed on behalf of the State for reviewing the Order, dated 15.04.2010, passed in C.W.J.C. No. 7299 of 2009.
I do not find that any good ground has been made for reviewing the order. The only reason, shown for filing the review application is that respondents could not file counter affidavit. Despite allowing sufficient time, they failed to file counter affidavit and the Writ Application was disposed of without any counter affidavit of the State. That can not be a ground for reviewing the order.
Review Application No. 287 of 2010 is dismissed.
Considering the fact that belated review application filed by the State ant its authorities is dismissed, opposite parties have no option than to 2 make payment of entire arrears as well as current salary to the petitioner.
In the show-cause filed on behalf of opposite parties, no intention has been shown that the opposite parties are going to comply the direction of this Court. Non-filing of counter affidavit by the Respondents in the Writ Application can not be a good ground for not complying the direction of this Court.
Put up this matter on 21st of October, 2011, retaining its position.
On that date, a show-cause, showing full compliance of the direction of this Court must be filed by the opposite parties. In case, payment is not made the District Education Officer, Buxar will remain physically present in Court on the next date.
(Mridula Mishra, J.) SKM