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2010 Supreme(Pat) 349

DIPAK MISRA, MIHIR KUMAR JHA
State Of Bihar – Appellant
Versus
Chandra Bhushan Prasad,Manoj Prakash Chaurasia – Respondent


JUDGEMENT

MIHIR KUMAR JHA, J.

1. I. A. No. 334 of 2010 and I. A. No. 599 of 2010

Having heard learned counsel for the parties as also in the light of the averments made in the aforementioned applications, the delay 134 days and 128 days in filing of LP. A. No. 81 of 2010 and L.P.A. No. 127 of 2010, respectively, in both the appeals is hereby condoned.

2. I. A. No. 334 of 2010 and I. A. No. 599 of 2010 are accordingly allowed.

L. P. A No. 81 of 2010 and L. P. A. No. 127 of 2010

3. As we have condoned the delay in filing of both the aforementioned appeals, we are also inclined to dispose of both the appeals on merit and with this view we also with the consent of the parties, heard the matter at length at the admission stage itself.

4. In both these appeals, the appellants, State of Bihar and its officials are aggrieved by a common order dated 5.2.2009 disposing of two writ petitions, CWJC No. 7938 of 2007 and CWJC No. 8014 of 2007 directing the District Magistrate Nalanda, Biharsharif and District Superintendent of Education, Nalanda, Biharsharif to make payment of arrears of salary and current salary to the respondents- writ petitioners in the prescribed payscale of post of teachers














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