The Patna High Court disposed of Letters Patent Appeals as withdrawn. The appellants agreed that a Government Resolution raising the superannuation age rendered the cause of action extinct, granting leave to withdraw.
leave granted to withdraw appeals; interlocutory application disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.37 of 2012 In
Civil Writ Jurisdiction Case No. 13450 of 2010 With
Interlocutory Application No. 192 of 2012 In
Letters Patent Appeal No.37 of 2012
====================================================== 1. The State of Bihar through the Principal Secretary, Department of Agriculture, Government of Bihar, Patna.
.... Appellants .... Respondents
Versus
….Petitioner….Respondent 1st Set
.... Respondents .... Respondents 2nd Set
====================================================== With Letters Patent Appeal No.145 of 2012 IN
Civil Writ Jurisdiction Case No. 13450 of 2010
======================================================
Patna High Court LPA No.37 of 2012 (6) dt.30-08-2012
2
(Samastipur).
(Samastipur).
.... Respondents .... Appellants Versus
………..Petitioner………Respondent 1st Set 2. State of Bihar through the Principal Secretary, Department of Agriculture, Govt. of Bihar, Patna.
.... Respondents.... Respondents 2nd Set ====================================================== With Letters Patent Appeal No.304 of 2012
IN
Civil Writ Jurisdiction Case No. 13455 of 2010
======================================================
.... Respondents.... Appellants
Versus
Patna High Court LPA No.37 of 2012 (6) dt.30-08-2012
3
…………..Petitioners……….Respondents 1st Set
.... Respondents.... Respondents 2nd Set ====================================================== Appearance : (In LPA No.37 of 2012) For the Appellants : Mr. Amar Nath Deo, SC-26 with Mr. Pravin Kr. Verma, AC to SC-26 For the Union of India (ICAR) : Mr. S.N. Pathak, Sr. SCCG For the University : Mr. Chandra Mohan Singh & Dr. A.K. Upadhayay & Mr. Samir Kumar Sinha with Mr. Parkash Mahto, Advocates
Patna High Court LPA No.37 of 2012 (6) dt.30-08-2012
4
(In LPA No.145 of 2012)
For the Appellants : Mr. Chandra Mohan Singh & Dr. A.K. Upadhayay & Mr. Samir Kumar Sinha with Mr. Parkash Mahto, Advocates For the Respondent Nos. 2 & 3 : Amar Nath Deo, SC 26 with Mr. Vijay Bharti, AC to SC 26 For the Union of India (ICAR) : Mr. S.N. Pathak, Sr. SCCG (In LPA No.304 of 2012) For the Appellants : Mr. Chandra Mohan Singh & Dr. A.K. Upadhayay & Mr. Samir Kumar Sinha with Mr. Parkash Mahto, Advocates For the Respondent Nos. 1 to 5 : Mr. Y.V. Giri, Sr. Advocate with Mr. Raju Giri, Advocate For the Respondent State : Mr. G.K. Agrawal, GA10 with Mr. Arif Daula Siddique, AC to GA 10 For the Union of India (ICAR) : Mr. S.N. Pathak, Sr. SCCG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
6. 30-08-2012 Learned advocate Mr. Amar Nath Deo appearing for the State of Bihar and Dr. A. K. Upadhyay appearing for the appellant Rajendra Agriculture University agree that in view of the Government Resolution dated 12th July 2012 (Annexure-R/5) issued in respect of raising the age of superannuation from 62 to 65 with effect from 30th June 2010, the cause of action does not survive. The Appeals have become infructuous.
Learned advocates, therefore, seek leave to withdraw these Appeals.
Patna High Court LPA No.37 of 2012 (6) dt.30-08-2012
5
Leave is granted. Appeals are disposed of as withdrawn. Interlocutory application stands disposed of.
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J.)
Anjani/-
1 issue framed by the court
Whether the cause of action survives a Government Resolution raising the age of superannuation.
1 provisions across 1 enactments
State of Bihar
Rajendra Agricultural University
Dr. Nawal Kishore Choudhary
Rajendra Agricultural University
Dr. Brij Bihari Singh
Indian Council for Agricultural Research and Education
Chief Justice
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
