The Patna High Court dismissed a Letters Patent Appeal filed by the State of Bihar, in limine, challenging an order that set aside the recovery of excess promotion pay granted to a retired employee.
Letters Patent Appeal No. 865 of 2011 and Interlocutory Applications No. 3807 of 2011 and No. 3808 of 2011 were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No. 865 of 2011
In
Civil Writ Jurisdiction Case No. 9780 of 2009 With Interlocutory Application No. 3807 of 2011 And Interlocutory Application No. 3808 of 2011 In
Letters Patent Appeal No. 865 of 2011
======================================================
.... ..Respondents….Appellants
Versus
Guru Sharan Thakur, Son of Late Rajgir Thakur, Resident of Village Chanhariya, P.O Jaitpur, P.S. Ghosi, District- Jahanabad, at present resident of Atwarpur, P.O. Kurthoul, P.S. Parsa Bazar, District- Patna.
.... ...Writ petitioner….. Respondent
====================================================== Appearance : For the Appellants : Mr. Sanjay Prakash Verma, Advocate.
For the Respondent : Mr. Atul Kumar Pandey, Advocate.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 865 of 2011
Patna High Court LPA No.865 of 2011 (7) dt.21-02-2013
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Feeling aggrieved by the judgment and order dated 17th August 2009 passed by the learned Single Judge in C.W.J.C. No. 9780 of 2009, the respondent State of Bihar has preferred this Appeal under clause 10 of the Letters Patent.
The matter at issue is the grant of time bound promotion to the respondent writ petitioner effective from 1997. The State Government on its own offered second time bound promotion to the petitioner effective from 10th May 1993. After the retirement of the writ petitioner in 2008, the State Government realized its mistake and ordered shifting of the date of time bound promotion and recovery of the excess amount paid to the petitioner. The action of the State Government has been set aside by the learned Single Judge. Therefore this Appeal.
We see no merit in this Appeal. The Appeal is dismissed in limine.
Interlocutory Application No. 3808 of 2011 stands disposed of.
(R.M. Doshit, CJ)
(Ahsanuddin Amanullah, J)
Anand Kr.
2 issues framed by the court
Whether the Letters Patent Appeal filed by the State of Bihar challenging the Single Judge's order on time bound promotion should be allowed.
Whether condonation of delay is applicable to the filing of the Letters Patent Appeal.
The State of Bihar
Guru Sharan Thakur
R.M. Doshit
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
