The Director (Dairy), Dairy Development Directorate, Bihar, Patna v. Devendra Prasad, Son Of Sri Bikneshwar Prasad

IN THE HIGH COURT OF JUDICATURE AT PATNALetters Patent Appeal No.76 of 2012 In Civil Writ Jurisdiction Case No. 3724 of 2007 With Interlocutory Application No. 620 of 2012 And Interlocutory Application No. 621 of 2012 In Letters Patent Appeal No.76 of 2012 ====================================================== 1.The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.The Commissioner-cum-Secretary, Animal Husbandry and Fisheries Department (Dairy Development), Govt. of Bihar, Patna. 3.The Director (Dairy), Dairy Development Directorate, Bihar, Patna. .... .... Appellants Versus Devendra Prasad, Son of Sri Bikneshwar Prasad, R/o Mohalla - East of Sector-8 and behind Income Tax Colony, Bahadurpur Housing Colony at Patna, P.S. Agam Kuan, District - Patna, Bihar. .... .... Respondent ====================================================== Appearance: For the Appellant/s : Mr. Kumar Kaushik, AC to GP XI For the Respondent/s : Mr. Binit Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAHORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 10. 25-09-2012 Re. Interlocutory Application No. 620 of 2012The delay of 60 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. L.P.A No. 76 of 2012 and I.A. No. 621 of 2012Feeling aggrieved by the judgment and order dated Anjani/- 23[rd] September 2011 passed by the learned single Judge in CWJC No. 3724 of 2007, the respondent State of Bihar has preferred this Appeal under Clause 10 of the Letters Patent. The matter at issue is the payment of due salary to the writ petitioner-the respondent for the period he was posted on the higher post of Deputy Director and then of Joint Director in the Department of Animal Husbandry and Fisheries (Dairy Development) (now, Animal and Fisheries Resources Department). Learned single Judge has held that so long as the writ petitioner held the higher post he was entitled to salary of the said post. Therefore, this Appeal. We have heard learned advocate Mr. Kumar Kaushik appearing for the appellants extensively. We see no merit in this Appeal. Appeal is dismissed in limine. Interlocutory application stands disposed of. (R.M. Doshit, CJ) (Ahsanuddin Amanullah, J.)