MD.NIZAMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER is said to be a former Government Pleader appointed by the State of Bihar on 23.8.1996. He used to conduct government cases pending before Civil Courts, especially before the Civil Court, Patna. Petitioner is supposed to have carried out his responsibility and duty diligently. However, when he submitted his bills for payment before the Collector, Patna, the same has not been accepted or turned down by the respondents, therefore, the writ application.

(2.) IN the normal course of things, if the dispute raised by the petitioner was based on the accepted claims raised by him with no conflict or denial of the said liability by the State authorities, this Court would have surely exercised its power under Article 226 of the Constitution of India giving a direction for payment. However, in the present case, there is a serious dispute as to the terms and conditions of the appointment of the petitioner which according to him applies, as well as the stand, which has been taken by the respondent State in their various counter affidavits filed from time to time.

(3.) THIS Court had made various efforts to see that some kind of reconciliation was possible in the dispute and the accepted bills could be settled. However, affidavits filed both at the level of L.R., Government of Bihar as well as the district authorities have made things more complicated in the sense that they seriously contest whether the bills, which have been raised by the petitioner, are in accordance with the requisite rules, which govern such bills.