The Patna High Court dismissed a Letters Patent Appeal filed by the State of Bihar as premature. The State challenged an order directing an Engineer-in-Chief to decide on salary regularization claims, noting no decision had been taken by the lower authority yet.
The Letters Patent Appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.2 of 2021
In
Civil Writ Jurisdiction Case No.870 of 2019
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... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. S Raza Ahmad, AAG 5 Mr. Md. Kamil Akhtar, AC to AAG 5 For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN
Patna High Court L.P.A No.2 of 2021(3) dt.25-08-2022 2/2
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJAN GUPTA)
3 25-08-2022 Heard learned counsel for the parties.
A perusal of the order passed by the learned Single Bench shows that a direction was given to the Engineer-in-Chief cum Special Secretary, Public Health Engineering Department, Government of Bihar, Patna to consider the grievance of the petitioners-respondents for making payment of difference of salary for the period of their reversion i.e., 1.6.2002 until their regularization i.e., 21.6.2014 within a period of three months.
It is not clear whether the Engineer-in-Chief has taken a decision on the order of the learned Single Bench till now. It is thus, inexplicable why the State has rushed to this Court by way of Letters Patent Appeal.
The Letters Patent Appeal is dismissed being premature.
(Rajan Gupta, J)
(Dr. Anshuman, J)
P. Kumar
U
1 issue framed by the court
Whether a Letters Patent Appeal filed by the State against an order directing salary regularization is premature in the absence of a decision by the lower authority to challenge.
State of Bihar
Anant Kishore Jha
Bhavesh Chandra Mishra
Dularchand Bhagat
Dilip Kumar Roy
Shobha Gupta
RAJAN GUPTA
ANSHUMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
