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2011 DIGILAW 1753 (PAT)

Executive Engineer, Mechanical Division v. Shri Biswanath Singh

2011-08-18

T.MEENA KUMARI, VIKASH JAIN

body2011
Order 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*, 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.