Dismissed

Umesh Prasad Singh and Ors. v. The State Of Bihar and Ors.

Patna HC3 Aug 2016L.P.A/1146/2015

Case brief

AI extract

What is this about?

This Letters Patent Appeal dismissed a challenge to the dismissal of an earlier writ petition. The appellants sought salary and grant-in-aid as employees of a college. The court dismissed the appeal relying on a Division Bench judgment, noting the appellants had not established the college was a 'State' amenable to writ jurisdiction under Article 12.

What the court decided

AI extract

Umesh Prasad Singh and Ors. Vs The State Of… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.1146 of 2015 Arising out of Civil Writ Jurisdiction Case No. 4720 of 2015

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Umesh Prasad Singh son of Late Kapildeo Singh resident of Village and P.O. Rahua, P.S. and District Lakhisarai, at present Lecturer, department of Hindi, Krishk College, Dheodha, Pakri Barawan, Nawada.

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Sachidanand Ghanshyam son of Late Ambika Sinigh Resident of Village - Bareo , P.O. Nemdarganj, P.S. Akbarpur, District- Nawada, At present Lecturer, Department of English . Krishak College, Dheodha, Pakri Barawan, Nawada.

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Dinesh Prasad Singh son of Late Suba Singh Resident of village Dhanpur, P.S. Kashichak , District- Nawada, at present Lecturer, Department of Botany, Krishak College, Dheodha, Pakri Barawan, Nawada.

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Satyendra Narayan Singh Son of Late Musafir Singh Resident of Village Bnareo , P.O. Namdarganj, P.S. Akbarpur, District Nawada at present Lecturer, Department of Economics, Krishak Collage, Dheodha, Pakri Barawan , Nawada.

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.... .... Appellant/s

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Versus

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The State of Bihar through the principal Secretary, Human Resources Department , Govt. of Bihar, having his office at New Secretariat, Patna.

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The Director, Higher Education, having his office at New Secretariat, Patna. 3. The Vice Chancellor, Magadh University, Bodh - Gaya.

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The Registrar , Magadh University, Bodh - Gaya. 5. The Inspector of College, Magadh University, Bodh - Gaya. 6. The Governing Body through its Secretary, Krishak College, Dheodha, Pakri Barawan, Nawada.

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The Principal Krishak College, Dheodha, Pakri Bhawan, Nawada. 8. The Teacher Representative (T.R) cum Bursar Krishak College, Dheodha, Pakri Barawan, Nawada.

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.... .... Respondent/s

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Appearance :

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For the Appellant/s : Mr. Mritunjay Prasad Singh, Advocate For the Respondent/s :

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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 03-08-2016

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The writ petition filed by the appellants has been

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Patna High Court LPA No.1146 of 2015 dt.03-08-2016

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2/2

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dismissed relying upon a Division Bench judgment of this Court in the case of Santosh Kumar vs. State of Bihar reported as 2013 (1) PLJR 269 for the reason that the Institution wherein the appellants are engaged is not a ‘State’ amenable to the writ jurisdiction.

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In the writ application, the prayer is for payment of salary including grant-in-aid but there is no assertion as to how the Krishak College under which the appellants are working is a ‘State’ within the meaning of Article 12 of the Constitution of India and thus amenable to the writ jurisdiction of this Court.

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In view of the said fact, we do not find any merit in the present Letters Patent Appeal and is accordingly dismissed.

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(Hemant Gupta, J)

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(Ahsanuddin Amanullah, J)

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P. Kumar/Anjani

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Umesh Prasad Singh and Ors. v. The State Of Bihar and Ors.

Case brief

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Umesh Prasad Singh and Ors. v. The State Of Bihar and Ors.

Case brief

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What the court decided

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