The petitioner filed a writ petition seeking mandamus for payment of arrears and current salary. The court dismissed the petition, holding the matter is covered by prior judgments, and granted liberty to file an appeal before the District Appellate Authority.
Liberty to file appeal before the concerned District Appellate Authority.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10171 of 2022
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Satish Kumar Yadav Son of Sri Mahendra Yadav, Resident of Village - Padampur, Ward No. 10, P.S. - Bijalpur, District - Saharsa, PIN - 852124.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s For the Respondent/s
: Mr. Alok Kumar, Adv. : Mr. Kameshwar Kumar ( GP 17 )
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
3 04-02-2023
prayed as under :-
“1. That this is an application on behalf of petitioner for issuance of a writ of mandamus directing the respondents to pay the arrears of salary of the petitioner due since 2011 till date and also for payment of current salary as the petitioner is legally appointed and regularly working in the school but without any rhyme or reason the salary of the petitioner for the said purpose has not been paid nor the current salary of the petitioner is being paid
Patna High Court CWJC No.10171 of 2022(3) dt.04-02-2023 2/2
though there is no way any departmental or criminal proceeding pending against the petitioner nor any enquiry is going on against the petitioner AND petitioner further prays for issuance of any other writ/writs, order/orders, direction/directions which the Hon’ble Court may deem fit and proper.”
Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this writ petition is dismissed with liberty to file appeal before the concerned District Appellate Authority.
(Sanjeev Prakash Sharma, J)
Sachin/-
Item No. 13
U
1 issue framed by the court
Whether the warrant for Salary and other benefits to the petitioner as a school teacher may be granted or dismissed based on related judgments.
Colour shows how this judgement treated each authority
Suresh Ram Vs. The State of Bihar & Ors.Referred¶32
C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.)
2022 (2) B.L.J. 381, 2022 (2) P.L.J.R. 80Referred¶32
Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.Referred¶32
C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.)
Satish Kumar Yadav
The State of Bihar
The Principal Secretary, Education Department, Government of Bihar
The District Magistrate, Darbhanga
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
