Petitioner, an Assistant Prosecution Officer (APO), filed a writ seeking additional remuneration under a High Court notification for Evening Courts. The court held that the notification did not apply to APOs.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.25026 of 2013
====================================================== 1. Ravi Shankar Dubey S/O Jagdish Dubey R/O Village Dubauli, P.S. Belawn, District Kaimur, Bhabhua At Present Posted As Assistant Prosecution Officer, Civil Court, Bhagalpur .... .... 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 Bhagalpur, District - Bhagalpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra Mr Choubey Jawahar For the Respondent/s : Mr. Nilu Agrwal, GA 6 For the High Court : Mr Bindhyachal Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 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.
Patna High Court CWJC No.25026 of 2013 (2) dt.24-01-2014
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Everybody has been paid his remuneration except this petitioner.
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.
Petitioner may move the appropriate authority with a
copy of this order for an appropriate decision.
Writ is disposed of.
(Ajay Kumar Tripathi, J)
sk
Ravi Shankar Dubey
The State Of Bihar through the Principal Secretary, Home Department
Ajay Kumar Tripathi
As recorded by the court registry
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