LAWS(PAT)-2017-11-95

RAJEEV KUMAR PANDEY Vs. THE STATE OF BIHAR

Decided On November 08, 2017
Rajeev Kumar Pandey Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondents-State.

(2.) The Appeal has been preferred against the order of a learned Single Judge dated 06.04.2015 passed in CWJC No. 4438/2013.Prayer of the present appellant/petitioner was for a direction upon the respondent authorities to make payment of his salary which rejected. The decision of the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur held that the appointment of the appellant was illegal and, therefore, no benefit of salary etc. could be made available to him has not been interfered with by the learned single Judge.

(3.) The facts are that the appellant claimed himself to be validly appointed on the post of Clerk in a Nationalized School by the erstwhile Regional Deputy Director of Education, Muzaffarpur. On the basis of so-called valid appointment he continued but never got salary etc. for a long period of time. He approached the High Court earlier by filing CWJC No. 13969/2012 but the same was withdrawn but without any liberty to move the Court afresh. A plea was also taken before the learned single Judge that the writ was not maintainable second time again.