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Patna High Court - Orders

Bishawnath Jha & Anr vs The State Of Bihar & Ors on 12 May, 2009

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.5854 of 2009
                               BISHAWNATH JHA & ANR
                                         Versus
                             THE STATE OF BIHAR & ORS
                                       -----------



2/   12/05/2009

Learned counsel for the petitioners at the very outset submits that the petitioners make limited prayer that they propose to file a representation and the respondents may be directed to consider it.

Learned counsel for the University points out that the claim is for alleged arrears of salary from July,1999.

Strong reliance is placed on certain orders of this Court with regard to the persons who were more vigilant to their rights and came to this Court for their salary in the years-2001, 2002 appended as Annexures to the writ application.

Based on an order of 1995 claim for salary is being made in 2009 with no explanation for the delay. Therefore, the petitioners cannot equate themselves with those who were vigilant about their rights.

The writ application is, therefore, disposed in terms of the judgement of the Supreme Court in (2001) 8 SCC 378 on issue of salary. It is further made clear that this order for disposal of his representation by the Court 2 at the request of the petitioner shall be circumscribed by the orders of the Supreme Court as laid down in (2008) 10 SCC 155 (C. Jacob v. Director of Geology and Mining and another).

KC                                      (Navin Sinha, J.)