The Court dismissed a civil review application challenging an order denying salary payment due to lack of valid appointment certification, finding no infirmity to warrant review.
Civil Review application dismissed due to lack of infirmity on record.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Review No.283 of 2011
In Civil Writ Jurisdiction Case No. 5839 of 2005 ====================================================== Sheoji Singh, son of Ram Parikha Singh, resident of village – Arjunpur, P.S. Buxar Industrial Area, District – Buxar, posted as Peon in the office of Area Education Officer, Mohania, Kaimur .... .... Petitioner/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rana Ishwar Chandra For the Respondent/s : Mr. Yogendra Pd. Sinha AAG15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 4 03-10-2012 Heard counsel for the petitioner and counsel for the State. The factual position does not alter even on matter of review in the present case because so long as earlier order of the Director stands, not certifying the position of a valid appointment of the petitioner emerging from any record, there cannot be any direction for payment of salary or otherwise. The Court fails to understand as to what is required to be reviewed, in view of factual findings given by this Court in earlier order dated 25.8.2010. In absence of any infirmity having been pointed out on the face of record within the power or ambit of civil review, the Civil Review application is dismissed.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
1 issue framed by the court
Whether the earlier order finding no valid appointment requires review given lack of infirmity on the record.
Sheoji Singh
The State of Bihar
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
