JYOTIRMAY KAR Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This writ appeal arises out of the order dated 9.5.2005 made in W.P.(C) No. 181(K)/2000. The dispute centers around payment of subsistence allowance to the appellant for the period 1.8.1979 to 31.1.1980 as well as fixation of his scale of pay for the period 1.2.1987 to 28.2.1995.

(2.) The learned Single Judge having regard to the nature of the dispute came to the conclusion that it would be appropriate to grant liberty to the writ appellant to approach the competent Civil Court if he is aggrieved by the calculation made by the official respondents as regards the payment of subsistence allowance as well as fixation of pay scale. The learned Single Judge took a very liberal view and held that the period of limitation in approaching the competent Civil Court shall be treated as condoned.

(3.) We fail to appreciate as to how the appellant could have preferred this appeal even after getting substantial relief in the writ petition. The aggrieved party, if any, is the State and not the appellant. We wish to say no more in this appeal so that it may not cause any prejudice to the rights of the appellant. The writ appeal is totally misconceived and the same shall accordingly stand dismissed without any order as to costs.