PANDEY JAGDISHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Upon joint request, this matter was taken up for final hearing. Therefore, it was admitted and heard on 23.5.2007 and, today, the judgment is being pronounced.

(2.) In this Letters Patent Appeal under Clause 10 of the Letters Patent applicable to this High Court, the appellant, original writ petitioner, has questioned the legality and validity of the judgment of the learned Single Judge, dated 2.8.2006, in CWJC No. 8763 of 2005, whereby, the appellant original, writ petitioner came to be dismissed.

(3.) The writ petition under Article 226 of the Constitution of India, came to be filed raising grievances against the order of the respondent State authority, dated 4.12.2004 (Annexure - 1), directing recovery of the amount of salary for two years paid to the appellant - original writ petitioner, on account of a dispute with regard to birth date, despite the fact that the appellant - original writ petitioner had worked during that period. The short question, therefore, which emerges for consideration and adjudication in this Letters Patent Appeal, is as to whether the recovery of the salary on the basis of the aforesaid order of the respondent authority and affirmed by the learned Single Judge, by virtue of the impugned order could be said to be just, legal and valid? Our spontaneous and positive answer to this is in the negative in view of the following facts profile.