The Province Of Bihar vs Abdul Majid on 12 September, 1950

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Patna High Court
The Province Of Bihar vs Abdul Majid on 12 September, 1950
Equivalent citations: AIR 1951 Pat 439
Bench: Shearer, Ramaswami


1. Speaking with the greatest respect, we are unable to appreciate the ground on which Manohar Lall and Mahabir Prasad JJ., declined to follow the decision of the Judicial Committee in High Commissioners for India and Pakistan v. I. M. Lall, 75 I. A. 225 : (A.I.R. (35) 1948 P. C. 121). It cannot be disputed] that a substantial point of law arises. The aura of money involved in the proposed appeal is, however, comparatively small. The learned Government advocate suggested that the question that arose was one of general public importance, being, namely, a question as to the right of a public servant to sue the State for arrears of salary. Suits of this kind may from time to time be instituted but, so far as we are aware, the necessity for instituting them can only occur at infrequent intervals. The decision on the question of law that arises is not, in our opinion, of such sufficient immediate urgency as to justify us in the present case in granting leave to appeal. The application will, accordingly, be dismissed, but there will be no order for costs.

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