Partly allowed

Renu Kumari Srivastava v. The State Of Bihar and Ors.

Patna HC19 Apr 2016L.P.A/1169/2014

Case brief

AI extract

What is this about?

This oral order addressed an interlocutory application for condonation and a Letters Patent Appeal. The court conceded a delay of 1 year, 11 months, and 15 days. Subsequently, the main appeal was dismissed as infructuous due to the appellant's reinstatement, though liberty was granted for wage payment. The quality is thin.

What did the court decide?

Delay in filing LPA No.1169 of 2014 condoned; LPA dismissed as infructuous; liberty to submit representation for one month's wages.

Renu Kumari Srivastava Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.1169 of 2014 Arising out of Civil Writ Jurisdiction Case No. 12545 of 2012 Along with

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Interlocutory Application No.6183 of 2014

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====================================================== Renu Kumari Srivastava, W/o Manoranjan Prasad Sinha, Resident of Village Gaharuan, P.S. Tarari, District Bhojpur.

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.... .... Respondent-Appellant

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Versus

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The State of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Patna.

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The District Magistrate, Bhojpur.

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The District Superintendent of Education-cum-District Education Officer, Bhojpur at Ara.

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The Block Development Officer, Block Piro, Bhojpur at Ara.

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The Mukhiya, Gram Panchayat Narayanpur, P.S. Piro, District Bhojpur.

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The Panchayat Secretary, Gram Panchayat Narayanpur, P.S. Piro, District Bhojpur.

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The District Teachers Appointment Appellate Authority Bhojpur through its Office Secretary, Bhojpur at Ara.

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Subash Chandra Singh S/o Ganga Sagar Singh, Resident of Village Mohani (Sheopur), P.S. Bikramganj, District Rohtas.

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…. …. Respondents-Respondents

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Sima Kumari W/o Anil Kumar Singh Resident of Village Narayanpur, P.S. Piro, District Bhojpur.

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.... .... Writ petitioner-Respondent

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====================================================== Appearance : For the Appellans : Mr. Maya Shankar Mishra, Advocate For the Respondent-State : Mr. Gyan Prakash Ojha, G. P.-22 For respondent no.9 : Mr. Manoj Madhav, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

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7 19-04-2016 Re.: Interlocutory Application No.6183 of 2014

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The application is for condonation of delay of 1 year, 11 months and 15 days in filing of the appeal.

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For the reasons mentioned in the application, we

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Patna High Court LPA No.1169 of 2014 (7) dt.19-04-2016

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2/2

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find that sufficient cause is disclosed for condonation of delay. Consequently, the delay of 1 year, 11 months and 15 days in filing of the appeal is condoned.

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Interlocutory Application stands disposed of accordingly.

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Re.: Letters Patent Appeal No.1169 of 2014

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Learned counsel for the appellant states that subsequent to the order passed by this Court to give effect to the order of the District Teachers Appointment Appellate Authority, Bhojpur, the appellant has been reinstated in service and the only subsisting grievance is in respect of one month salary.

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In view of the said fact, the Letters Patent Appeal is dismissed as infructuous.

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However, liberty is granted to the appellant to submit a representation for payment of wages of one month. As and when any representation is submitted, the respondents shall consider the same in accordance with law.

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(Hemant Gupta, J.)

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(Ahsanuddin Amanullah, J.)

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Sunil/-

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Renu Kumari Srivastava v. The State Of Bihar and Ors.

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Renu Kumari Srivastava v. The State Of Bihar and Ors.

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