IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1971 of 2011 In Civil Writ Jurisdiction Case No. 6194 of 2011 With Interlocutory Application No. 8739 of 2011 In Letters Patent Appeal No.1971 of 2011 ====================================================== Srikant Pandey S/o Late Rampatit Pandey R/o Village- Barmakala, P.O. & P.S.- Basantpur, District- Siwan. .... .... Petitioner/Appellant Versus 1. The State of Bihar 2. The Conservator of Forest, Circle Siwan 3. The Divisional Forest Officer, Gopalganj .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Ram Chandra Sahni, Advocate For the Respondents : Mr. Kundan Bahadur Singh, S.C.-22 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 16-12-2011 Interlocutory Application No. 8739 of 2011: The delay of 84 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No. 1971 of 2011: Feeling aggrieved by the order dated 2nd August 2011 made by the learned single Judge in above C.W.J.C. No. 6194 of Patna High Court LPA No.1971 of 2011 (2) dt.16-12-2011 2 / 2 2 2011, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. It appears that the appellant, a Forester in the State Government, filed above C.W.J.C. No. 6194 of 2011 under Article 226 of the Constitution for a direction to the respondents to pay to the appellant salary for the period from 8th April 2000 to 31st December 2000. On perusal of the record, it appears that pursuant to his transfer the petitioner did not report for duty and remained absent from 8th April 2000 to 31st December 2000. The said period has now been regularized as extra ordinary leave without pay. The claim for salary for the said period has been rejected by the learned single Judge. Therefore, this Appeal. Learned advocate Mr. Ram Chandra Sahni has appeared for the appellant. He has submitted that the appellant was the Forester at Siwan. From Siwan he was transferred on 27th December 2000. There is no reason to treat him as absent from 8th April 2000 to 31st December 2000. Evidently, the petition involves disputed questions of fact; whether or not the petitioner was on duty between 8th April 2000 to 31st December 2000. The said disputed question cannot be resolved in a petition under Article 226 of the Constitution. Petition has rightly been rejected by the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)