Kamendra Kumar Kamesh vs The State Of Bihar And Ors
2023 Latest Caselaw 693 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.1754 of 2018
                                           In
                   Civil Writ Jurisdiction Case No.12686 of 2012
     ======================================================

Kamendra Kumar Kamesh son of Late Gopal Sharan Singh, Resident of village-Chhata, P.S.-Masaurhi, District-Patna.

... ... Appellant/s Versus

1. The State Of Bihar through the Principal Secretary Department of Human Resources Development Government of Bihar, Patna.

2. The Principal Secretary Department of Finance Government of Bihar, Patna.

3. The Director Primary Education, Bihar, Patna.

4. The Director Administration cum- Additional Secretary Department of Education Bihar, Patna.

5. The Regional Deputy Director of Education Purnea.

6. The Regional Deputy Director of Education Magadh Division, Gaya.

7. The Regional Deputy Director of Education Rohtas.

8. The District Education Officer, Katihar.

9. The District Education Officer, Gaya.

10. The District Education officer Rohtas.

11. The Principal Mahila Primary Teachers Training College, Gaya.

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

For the Appellant/s : Mr. Shivendra Prasad, Advocate For the Respondent/s : Mr. Shashi Shekhar Tiwary, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 07-02-2023

Heard learned counsels for the parties.

2. In the present lis core issue involved is whether

appellant is entitled to arrears of salary during the intervening Patna High Court L.P.A No.1754 of 2018 dt.07-02-2023

period from 11.02.2010 to 04.12.2011 or not? In this regard,

appellant submitted representation. His representation was

rejected on 19.03.2010 which has not been assailed in C.W.J.C.

No. 12686 of 2012. On the other hand, appellant has sought for

following reliefs in the writ petition:-

"That this is an application for issuance of an appropriate writ/writs, order/orders direction/directions to the respondent authorities to make payment of salary of the petitioner During which period the petitioner was not allowed to discharge his duties as Block Education Extension officer Kadwa (Katihar) from 11.2.2010 to 1.12.2010 on account of his transfer from the post of Block Education Extension officer Kadwa with effect from 11.2.2010 and further his Joining was not accepted with effect from 1.12.2010 of his transferred place at Mahila Primary teachers Training Collage Gaya till his transfer from Mahila Primary Teachers Training College Gaya to Mahila Primary Teachers Training College Sasaram; where he joined on 4.12.2011. The petitioner further prays for any other relief(s) for which he may be found entitled in the facts and circumstances of the present case."

3. Once grievance of the appellant has been rejected

by the concerned authority, in the absence of challenge to the

rejection of appellant's claim, appellant has no right to seek the

relief(s) sought in the writ petition, therefore, appellant has not

made out a case so as to interfere with the order of the learned

Single Judge.

Patna High Court L.P.A No.1754 of 2018 dt.07-02-2023

4. Accordingly, the present L.P.A. stands dismissed.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

rakhi/-

AFR/NAFR
CAV DATE                NA
Uploading Date          13.02.2023
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