Paras Nath Singh vs The State Of Bihar
2021 Latest Caselaw 5526 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.5568 of 2020
     ======================================================

Paras Nath Singh son of Late Ramu Singh permanent resident of Village- Onda, P.S.- sare, District- Nalanda, presently residing in the hosue of Rajesh Singh, Sumitra Bhawan, Shakuntani Bhawan, Nawada, P.s. and District- Nawada

... ... Petitioner/s Versus

1. The State of Bihar

2. The Principal Secretary, Food and Consumer Protection Department, Govt.

of Bihar, Patna

3. The Joint Secretary cum Director, Food and Consumer Protection Department, Govt. of Bihar, Patna

4. The Registrar, Bihar State Consumer Redressal Forum, R. Block, Road No. 2 Patna

5. The District Magistrate cum Collector, Nawada

6. The Secretary, District Consumer Protection Forum, Nawada

7. The Deputy Collector, Establishment, Collecteriate, Nawada

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Gopal Bohra For the Respondent/s : Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 25-11-2021

Heard the learned counsels for the parties.

2. In the instant petition, petitioner has prayed for

following reliefs:

"1. That by this writ application, the petitioner seeks indulgence to the Hon'ble Court for issuance of appropriate writ/writs commanding and directing the respondents to make payment of remuneration/fixed salary for the period 01.10.2016 to 30.09.2018 during which he served in the post of Head Clerk in District Consumer Protection Forum, Nawada on contract at fixed salary of Rs. 24,725/- per month along with statutory interest thereon and Patna High Court CWJC No.5568 of 2020 dt.25-11-2021

other consequential reliefs for which the petitioner would be found entitled under the facts and circumstances of the case."

3. For the issuance of writ of mandamus to any

authority under Article 226 of the Constitution, one must establish

statutory legal right followed by demand. Both the ingredients are

not forthcoming in the present petition. In absence of the aforesaid

ingredients writ petition cannot be entertained in view of Apex

Court's decision in case of Mani Subrat Jain V. State of Haryana

& Ors. reported in A.I.R. 1977 SC 276 read with latest decision

reported in (2020) 9 SCC 356, Hari Krishna Mandir Trust Vs.

State of Maharashtra & Others [Para 100 & 101]. Thus, the

petitioner has not made out a case.

4. Accordingly, the instant petition stands disposed of

reserving liberty to the petitioner to approach appropriate authority

by making necessary application/representation highlighting the

statutory legal right to claim the reliefs sought in the present

petition within a period of four weeks from the date of receipt of

copy of this order.

(P. B. Bajanthri, J)

rakhi/-

AFR/NAFR
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Uploading Date          02.12.2021
Transmission Date