IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1164 of 2009
THE STATE OF BIHAR & ORS
Versus
VISHWANATH PANDEY
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6. 24.6.2010. Heard the parties in respect of I.A. No. 5781 of
2009 filed under Section 5 of the Limitation Act. For the
reasons mentioned in the said interlocutory application the
delay of 157 days in preferring the appeal stands condoned.
Interlocutory application stands allowed.
This appeal is admitted for hearing.
It is made clear that according to the stand of the
appellant-State the only issue will be whether the writ
petitioner is to be treated as a Panchayat Teacher or as a
regular teacher entitled to a regular pay-scale and it will not
be open to the State to take a stand in future that writ
petitioner was never regularly appointed as a teacher.
From Annexure-A to the counter affidavit, it
appears that the State has paid salary to the writ petitioner
treating him as a Panchayat Teacher at the rate of Rs.4000/-
per month. If that amount has not been given to the writ
petitioner, the same must be paid to him within two weeks
from today. The writ petitioner shall continue to receive
-2-
salary lawfully payable to the Panchayat Teachers till the
hearing of this appeal.
This interim order will be subject to the final result
of the appeal.
(R.M. Doshit, CJ)
(Shiva Kirti Singh, J)
Pawan/-