LALU MALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants, and Mr. Shashi Bhushan Kumar learned Standing Counsel no. 16. This appeal under clause-10 the Letters Patent of the High Court of Judicature of Patna, has been preferred by the appellants of LPA No. 1636 of 1995, and are aggrieved by the judgment and order dated 3.11.95, passed in CWJC No. 3871 of 1983 (Lalu Mali Vs. State of Bihar & Ors.), whereby the writ petition was dismissed.

(2.) Before we proceed further, we would like to record that on account of noncompliance of the order dated 21.1.2009 the appeal stood dismissed against respondent nos. 1 and 2. However, we shall take up the matter on merit.

(3.) The petitioners had preferred CWJC No. 3871 of 1983 with the prayer to issue a writ in the nature of mandamus directing the respondents to pay their salary-current as well as the arrears, in the prescribed scale of Peon with effect from 1.1.1971. The claim of the writ petitioners was based on the judgment of this Court in CWJC No. 1814 of 1977, disposed of on 2.2.1978. The writ petition was dismissed on the ground that the case of the petitioners is not at all covered by the said judgment. We entirely agree with the judgment in question. There is no ground for interference in the same. The appeal is accordingly dismissed.