Petitioner claimed salary for July 2012 alleging work after superannuation. The State denied payment, citing known superannuation date and lack of evidence. The single judge dismissed the petition as a dishonest claim.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 3889 of 2014
===========================================================
Parmanand Prasad Son Of Late Ram Nandan Prasad R/O Village - Kumaiya, P.S. Tajpur, District - Samastipur ( Bihar )
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Anil Kr. Singh No. 6 For the Respondent/s : Mr. GP-22- G.P. Ojha
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 07-01-2016
Heard learned counsels for the parties.
Petitioner is claiming salary for the month of July, 2012 on the ground that work was taken from him for that month before his superannuation.
The stand of the State is that the petitioner was supposed to superannuate on 30th of June, 2012 itself, a fact widely known to him as well as made known to him, but he continued to show his face and merely because he claims to have worked without evidence for the month of July, 2012, he can not be paid salary for the said month.
It is a dishonest kind of claim, which has been made by the petitioner. Such writ application, therefore, does not deserve any
Patna High Court CWJC No.3889 of 2014 dt.07-01-2016
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indulgence by giving any direction for payment.
In view of the aforesaid facts and circumstances, writ
application is dismissed.
(Ajay Kumar Tripathi, J)
SKM/-
U
1 issue framed by the court
Whether a petitioner who superannuated on 30th June 2012 can claim salary for July 2012 without evidence of work.
Parmanand Prasad Son Of Late Ram Nandan Prasad
The State Of Bihar
The District Magistrate, Gaya
The Executive Engineer, Public Health Engineering Division, Gaya
The Sub - Divisional Officer, Public Health Engineering Division, Gaya
The Treasury Officer,Gaya
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
