SANJAY KAROL, PARTHA SARTHY
Kamta Prasad – Appellant
Versus
State of Bihar – Respondent
Sanjay Karol, CJ. – Learned counsel for the petitioner submits that he has no objection to the matter being heard by the Division Bench.
2. Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s): –
(a) Issuance of writ in the nature of mandamus commanding the respondents to pay the arrears of salary for the month of February 2006, February 2008, Arpil 2008 and November 2008 and December 2008 and also be refundable the deducted House rent which period not occupied Quarter from 14.07.2006 to till retirement by the petitioner.
(b) The Respondents further be directed pay the interest @ of 18% to compound interest as well as litigation cost as the petitioner has been superannuated on 30.09.2012.
(c) To grant such other relief / reliefs for which the petitioner in entitled to.
3. After the matter was heard for some time, finding the Bench not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from to
Courts should adopt a liberal approach in entertaining public interest litigation in issues pertaining to good governance and emphasize the importance of following principles of natural justice.
The court highlighted the importance of procedural technicalities in public interest litigation and the principles of issuing a writ of mandamus.
Procedural technicalities should take a back seat in public interest litigation, and the principles of issuing a writ of mandamus and the need for a demand for performance before its application are ....
The court emphasized the significance of public interest litigation, the principles of mandamus, and the requirement of a distinct demand for performance before issuing a writ.
Principles of natural justice, opportunity to place relevant materials/documents, liberty to take recourse to alternative remedies, mode of proceedings during the pandemic
The application of principles of natural justice and the availability of alternative remedies in accordance with the law.
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