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Rita Mishra And Ors. Etc. Etc. vs Director, Primary Education, Bihar And ... on 23 July, 1987

In Rita Mishra and Ors. v. Director, Primary Education, Bihar and Ors. 1987 PLJR 1090 a Full Bench of this Court held that even in cases of termination of services, the rules of natural justice are not attracted, where in the original appointment itself is void abinitio. Now once that is so, a fortiori no question of any rules of natural justice arises merely in the case of refusal of salary in an identical context. No mandamus for the payment of salary can be issued. The petitioners, if so advised, are relegated to their ordinary remedies, by way of a suit.
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