Patna High Court
Md. Shahnawaz Alam vs The State Of Bihar on 10 April, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1261 of 2019
In
Civil Writ Jurisdiction Case No.17239 of 2014
======================================================
Md. Shahnawaz Alam S/o Md. Zaffaruddin Resident of Village Sabutar, P.S.
K. Nagar, P.O.-Kajha, District -Purnea.
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Development Department, Bihar, Patna.
2. The Director (Primary Education) Human Resources Development
Department, BIhar, Patna.
3. Ther District Magistrate, Purnea.
4. The District Education Officer, Purnea.
5. The District Programme Officer, Purnea.
6. The District Teachers Employment Appellate Authority, Purnea through its
Member.
7. The Block Development Officer, K.Nagar, Purnea.
8. The Block Education Officer, K.Nagar Block, Purnea.
9. The Panchayat Secretary, Ganeshpur Panchayat, K.Nagar Block, Purnea.
10. The Headmaster, Prathmic Vidayalaya, Karua Rahika, K.Nagar Block,
Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Md. Ataur Rahman, Advocate
For the Respondent/s : Mr. AC to AAG-15
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 10-04-2025
Re: I.A. No. 01 of 2019
Heard I.A. No. 01 of 2019 for condonation of delay.
There is a delay of about 1 year and 23 days in filing L.P.A. No.
1261 of 2019.
Patna High Court L.P.A No.1261 of 2019 dt.10-04-2025
2/4
2. For the reasons stated in the application read with
the affidavit, delay of about 1 year and 23 days in filing L.P.A.
No. 1261 of 2019, stands condoned.
3. Accordingly, I.A. No. 01 of 2019 stands allowed.
LPA No. 1261 of 2019
4. With the consent of the respective parties, the matter
is taken up for final disposal of present LPA.
5. The appellant has assailed the order of the learned
Single Judge dated 03.08.2018 passed in CWJC No. 17239 of
2014.
6. The core issue involved in the present lis is whether
the appellant is entitled to arrears of salary during the
intervening period from 12.07.2007 to 09.04.2014 or not. The
appellant was appointed as a Panchayat Teacher on 28.03.2007
and it was cancelled on 29.06.2007. It was subject matter of
litigation before the appellate authority in Case No. 1050 of
2011, in which it was declared that cancellation of appointment
of appellant was illegal. Thereafter, the concerned authority has
not given effect to the order of the appellate authority dated
05.09.2012
. Resultantly, petitioner-appellant invoked his
remedy before this court in filing CWJC No. 23421 of 2012 and
it was allowed, thereafter appellant was reinstated in service on
Patna High Court L.P.A No.1261 of 2019 dt.10-04-2025
10.04.2014. The appellant has not specifically sought for
payment of arrears of salary or consequential benefits and in
CWJC No. 23421 of 2012, in which he has sought for
implementation of the appellate authority order dated
05.09.2012. After reinstatement on 10.04.2014, he has opened
his eyes and filed CWJC No. 17239 of 2014. Having regard to
the fact that the appellant has slept over the matter and at the
relevant point of time, he has not demanded consequential
monetary benefits for the period from 29.06.2007 to 09.04.2014
in earlier litigation, thereafter in the second round of litigation
he has sought for consequential benefits. The learned Single
Judge has allowed 50 per cent of the salary to be paid during the
intervening period from 12.07.2007 to 09.04.2014 and it is the
subject matter of the present LPA.
7. Learned counsel for the appellant submitted that the
appellant is entitled to 100 per cent salary/monetary benefits for
the period from 12.07.2007 to 09.04.2014. The same cannot be
extended to the appellant as he has slept over the matter in
CWJC No. 23421 of 2012 in not seeking specific direction to
the concerned authority while reinstating him he is entitled to
consequential monetary benefits during the period from
12.07.2007 to 09.04.2014.
Patna High Court L.P.A No.1261 of 2019 dt.10-04-2025
8. On this count the appellant has not made out a case
so as to interfere with the order of the learned Single Judge
dated 03.08.2018 passed in CWJC No. 17239 of 2014.
9. LPA stands dismissed.
10. Pending I.A., if any, stands disposed of.
(P. B. Bajanthri, J)
(S. B. Pd. Singh, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.04.2025
Transmission Date NA
