High CourtsDivision Bench(2011) 08 PAT CK 0035

The Executive Engineer, Mechanical Division, Icha-Chaliyama, P.O. Keshar Gadhia, District West Singhbhum and Others vs Shri Biswanath Singh and Others

Patna High Court · Decided on 18 August 2011 · Citation: (2012) 1 PLJR 133

HON’BLE JUDGES
Vikash Jain, J · T. Meena Kumari, J
RESULT
Dismissed
CASE NUMBER
LPA No. 1226 of 2005

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Judgment

4 paragraphs · 179 words
1.

The present appeal has been preferred by the State of Jharkhand against the order dated 22.6.2005 passed in C.W.J.C. No. 9714 of 2002 Ed.--Reported in this issue at Pg. 148 [ Bishwa Nath Singh Vs. The State of Bihar and Others, ], whereby the learned Single Judge has upheld the action of the State of Bihar in not agreeing with the second time bound promotion granted to the petitioner-respondent herein.

2.

At the very outset, learned counsel appearing on behalf of the respondent took a serious objection stating that the State of Jharkhand is not an aggrieved person and the appeal is not being preferred by the State of Bihar, who has to effect the payment.

3.

We agree with the submission of learned counsel for the respondent that the appeal preferred by the State of Jharkhand itself is not maintainable as the payments have to be made by the State of Bihar.

4.

Under the above circumstances, we are not inclined to dwell on the merits of the case. The appeal is accordingly, dismissed as not maintainable.