High Court Patna High Court - Orders

The State Of Bihar &Amp; Ors vs Vishwanath Pandey on 24 June, 2010

Patna High Court – Orders
The State Of Bihar &Amp; Ors vs Vishwanath Pandey on 24 June, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                        LPA No.1164 of 2009
                    THE STATE OF BIHAR & ORS
                              Versus
                      VISHWANATH PANDEY
                             -----------

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/-