Dismissed

Anandi Mandal v. The State Of Bihar and Ors.

Patna HC18 Aug 2016L.P.A/427/2014

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against an order denying the petitioner's claim for parity in service benefits. The court held that since the issue of designation enhancement was conclusively decided by the Supreme Court, a subsequent petition relying on the Bihar Litigation Policy was not tenable. The claim was deemed barred by the principle of *res judicata*.

What did the court decide?

Letters Patent Appeal dismissed; claim for parity dismissed as not tenable.

Anandi Mandal Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.427 of 2014 Arising out of

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Civil Writ Jurisdiction Case No. 20254 of 2012

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======================================================

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Anandi Mandal, S/O- Mahadeva Mandal, Resident And P.O.- Hirambi, P.S.- Dhoraiya, District- Banka, Presently Residing C/O- Madhuresh Kumar, Princeton Niketan Private Ltd., 0004 Mirambika Apartment, Boring Road, Patna

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.... Petitioner-Appellant

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Versus

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The State of Bihar Through Principal Secretary, Education (Higher) Department, Vikas Bhawan, Patna Null Null

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Principal Secretary, Education (Higher) Department, Vikas Bhawan, Patna

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Joint Secretary To Govt., Education (Higher) Department, Vikas Bhawan, Patna

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Director, (Higher Education), Bihar Education Department, Vikas Bhawan, Patna Null Null

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Deputy Director, (Higher Education), Bihar Education Department, Vikas Bhawan, Patna

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Director, Bihar Rashtra Bhasha Parishad, Saidpur, Patna .... Respondents-Respondents

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====================================================== Appearance :

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For the Appellants : Mr. K.N. Chaubey, Sr. Adv. with M/S A.N. Chaubey & Awadhishwar Prasad, Advs. For the Respondents : Mr.Sudhir Kumar Singh, AC to SC 23

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

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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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3 18-08-2016 The challenge in the present appeal is to an order, dated 27^th January, 2014, passed by the learned single Bench whereby second round of litigation initiated by the appellants remained unsuccessful.

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Earlier the appellants challenged his demotion from the post of Office Secretary to Head Clerk. The writ petition (CWJC No. 5160 of 2003) was dismissed on 29^th June, 2006. The L.P.A. No. 572 of 2006 against the said judgment was dismissed on 26^th September, 2007. The appellants filed an appeal before the Supreme Court which was also dismissed on 12^th April, 2010. Further curative petition was also dismissed on 20^th of January, 2011.

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In the meantime, the appellant attained age of

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Patna High Court LPA No.427 of 2014 (3) dt.18-08-2016

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superannuation on 31^st January, 2010. It is thereafter the appellant filed a representation to claim parity with other employees. Since, no action was taken on such representation; a writ petition was filed claiming parity under the Bihar Litigation Policy, 2011. It is the said writ petition which has been dismissed by the learned single Bench by the order impugned in the present letters patent appeal.

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Once the claim of the appellants has remained unsuccessful up to the Supreme Court, any subsequent action to claim parity in terms of the Bihar Litigation Policy, 2011, is not tenable. As far as the appellants are concerned, the issue stands concluded. The decision in the earlier petition is binding and final between parties and cannot be avoided under the guise of a litigation policy.

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Therefore, we do not find that the appellants have right to dispute the concluding decision by invoking the jurisdiction of this Court, again.

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The Letters Patent Appeal is dismissed.

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(Hemant Gupta, J)

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(Ahsanuddin Amanullah, J)

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Cp:2 SA/-

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U √ T √

Anandi Mandal v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Anandi Mandal v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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