High CourtsDivision Bench(2003) 01 PAT CK 0035

Mahendra Prasad Gupta and Another vs The State of Bihar and Others

Patna High Court · Decided on 29 January 2003 · Citation: (2003) 3 PLJR 19

HON’BLE JUDGES
Ravi S. Dhavan, C.J · R.N. Prasad, J
RESULT
Dismissed
CASE NUMBER
L.P.A. No. 70 of 2003

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Judgment

7 paragraphs · 285 words
1.

The delay in filing the appeal is condoned.

2.

Litigation before a superior Court of record must not be taken to a ridiculous proposition to the effect that one keeps on filing a petition until a favorable order is received.

3.

In the present case, the issue is basically terminal. The Petitioners initially filed a case before the State Service Administration Tribunal. This was registered as Bihar Service Case No. 384 of 1987. The case did not proceed because the tribunal never functioned. Then the Petitioners filed CWJC. No. 8002 of 1990. Thereafter CWJC. No. 11377 of 1997. Again a third writ petition being CWJC. No. 12332 of 2002.

4.

Of an order terminating their services, the order of 28 September, 1987, in so far as it related to the Petitioners, the Petitioners succeeded to the extent that order had been passed terminating their services without giving an opportunity of hearing. To this limited extent, this order was quashed. But in so far as the payment of salary is concerned, the Bench recorded on the petition (CWJC. No. 8002 of 1990) that "it is an admitted position that the Petitioners have not been working on the post in question for the last about four years". No direction was given for the payment of salary of the Petitioners.

5.

The fact that the Petitioners may have been reinstated is an aspect on which the Court is making no comment nor going into the merits of this aspect. But the Petitioners also cannot keep knocking the door of the Court on a relief which was not granted. Filing repeated petitions will not create any right to get this relief.

6.

This petition is misconceived.

7.

Dismissed.