Dismissed

Rajdeo Tiwary v. The State Of Bihar and Ors.

Patna HC24 Jan 2014CWJC/24866/2013

Case brief

AI extract

What is this about?

The Court held that Assistant Prosecution Officers are not employees of the High Court and do not qualify as supporting staff under the Evening Court notification. The claim for extra remuneration is a matter of policy for State authorities, not the High Court. The writ was dismissed.

What did the court decide?

None. Petitioner directed to move the appropriate State authority with the copy of this order for an appropriate decision.

Rajdeo Tiwary Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.24866 of 2013

¶3

====================================================== 1. Rajdeo Tiwary S/O Bhubneshwar Tiwary R/O Village- Chanour, P.O. Umrowanganj, P.S. Bihiya, District- Bhojpur At Present Posted Assistant Prosecution Officer, Madhubani, District Madhubani .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna 2. The Principal Secretary, Home Department, Govt. Of Bihar, Patna 3. The Director, General Prosecution Directorate, Bihar, Patna 4. The Principal Secretary Finance Department, Govt. Of Bihar, Patna 5. The Registrar General, Patna High Court, Patna 6. The District Prosecution Officer Madhubani, District- Madhubani .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra Mr Choubey Jawahar For the State : Mr. Anshuman Singh, GP 24 For the High Court : Mr Bindhyachal Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

¶4

2 24-01-2014 Petitioner, who is an Assistant Prosecution Officer (APO), wants to draw advantage of a notification issued by the High Court dated 3.11.2010. This notification relates to the manner of functioning of Evening Courts, the kind of cases, the kind of remuneration etc. which the Evening Courts and the supporting staff there will be entitled to by way of additional remuneration. Petitioner claims himself to be one of the supporting staff of the Evening Court and wants to draw advantage of the notification, especially clause 5 thereof. Everybody has been paid his remuneration except this petitioner.

¶5

Patna High Court CWJC No.24866 of 2013 (2) dt.24-01-2014

¶6

2/2

¶7

The analogy which the petitioner wants to draw from reading of the word ‘supporting staff’ is not understood by the Court. The notification has to be appreciated in the context in which the High Court had issued it in relation to the Judges and the staff of the Civil Courts, who were working as Evening Courts in the State of Bihar. APOs are neither appointed and nor are employees of the High Court. Therefore, the High Court has no occasion to give any payment to the petitioner for extra work. Petitioner, if at all, can lodge his claim before the State authorities. It is a matter of policy whether APOs are entitled to any additional remuneration for having rendered assistance in functioning of Evening Court after the courts hour. The matter does not relate to the High Court in any manner whatsoever.

¶8

Petitioner may move the appropriate authority with a copy of this order for an appropriate decision.

¶9

Writ is disposed of.

¶10

(Ajay Kumar Tripathi, J)

¶11

Rajdeo Tiwary v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Rajdeo Tiwary v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pushpa Kumari Vs The State Of Bihar and Ors.

Dhirendra Kumar Yadav and Ors. Vs The State Of Bihar and Ors.

Babita Kumari Vs The State Of Bihar and Ors.

M/S Scope Sales Pvt.Ltd. Vs the State of Bihar and Ors.

Geeta Ramjot Bhagat Vidya Mandir and Anr. Vs Bihar School Examination Board and Ors.

Ravi Shankar Dubey Vs The State Of Bihar and Ors.