Bhuwaneshwar Prasad Singh Vs. State of Bihar and ors. - Court Judgment

Excerpt:
service - freedom fighter - articles 136 and 226 of constitution of india - claim of petitioner for extension of service refused - writ petition dismissed on sole ground that division bench of court had nullified notification of state government on which claim of petitioner was based - special leave petition filed against order of division bench - judgment of high court set aside being subject matter of civil appeal - matter remitted to high court of patna for fresh disposal in accordance with law. - code of civil procedure, 1908. section 9: [arijit pasayat & p. sathasivam, jj] exclusion of jurisdiction of civil court - jurisdiction of civil court to deal with civil right can be excluded by legislature, but the statutory provision in this regard must be express and clear. if the proceeding and the order passed therein are completely without jurisdiction, the bar to the maintainability to the suit in the ordinary civil court would not apply. n. venkatachala, j.1. this petition for special leave to appeal arises from an order dated the 15th february, 1989 of the patna high court in writ petition cwjc no.5954 of 1987. the petitioner who was in the service of the state government had impugned in that writ petition, an order of the director of the directorate of freedom fighters of the government of bihar, by which his claim for extension of service by two years based on bihar state government's notification dated 31.05.1983, had been refused. but, the high court dismissed that writ petition by its order dated 15th february, 1989, on the sole ground that a division bench of that court in cwjc no. 953 of 1988 had nullified the notification of the state government on which petitioner's claim had been based. the present slp has been filed respecting that order of the high court.2. admittedly, the judgment of the division bench of the patna high court in cwjc no.953 of 1988 which had been followed in making the order respecting which the present slp had filed, being the subject matter of civil appeal no.4839 of 1989 before this court, that judgment has been set aside and the matter is remitted to the high court of patna for fresh disposal in accordance of law, by this court's order dated 28th december, 1985.3. special leave is, therefore, granted, appeal is allowed, order dated 15th february, 1989 in cwjc no. 953 of 1988 appealed against is set aside, and the case is remitted to the high court for fresh disposal in accordance with law. no costs.