Jharkhand High Court
Shivnath Pandit vs State Of Jharkhand And Ors on 5 September, 2016
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A No. 611 of 2015
Shivnath Pandit, son of Late Jitu Prasad, resident of Behra Toli,
P.O., P.S. & District Gumla ... ... Appellant
Versus
1. State of Jharkhand
2. SecretarycumCommissioner, Water Resources Deptt., Govt. of
Jharkhand, Project Bhawan, P.O. & P.S. Dhurwa, District Ranchi
3. Chief Engineer, Water Resources Deptt. Govt. of Jharkhand,
Project Bhawan, P.O. & P.S. Dhurwa, Ranchi
4. Superintending Engineer, Waterways Circle, At P.O., P.S. &
District Gumla
5. Executive Engineer, Waterways Division1, At P.O., P.S, &
District Gumla
6. State of Bihar
7. Secretary, Water Resources Department, Govt. of Bihar, At P.O. &
P.S. New Secretariat, Patna
8. Chief Engineer, Water Resources Department, Govt. of Bihar, At
P.O. & P.S. New Secretariat, Patna (Bihar) ... ... Respondents
For the Appellant : Mr. N.K.P. Sinha, Advocate
For the RespondentState : Mr. Atanu Banerjee, GA
For the RespondentBihar : Mr. S.P. Roy, GA (Bihar)
Mr. Ramit Satender, JC to GA (Bihar)
CORAM: HON'BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
th
07 / Dated: 5
September, 2016
Per Virender Singh, C.J.
The appellantwrit petitioner (hereinafter referred to
as "petitioner") moved Patna High Court through C.W.J.C.
No. 2088 of 1998(R) for regularisation of his services which was
granted to him and he got an order to move representation for
monetary benefits. It needs to be mentioned here that in view of
the fact that his services were already regularised w.e.f.
01.04.1977vide letter no. 616 dated 05.04.1986 (Annexure2 with the memo of appeal), the writ petition was disposed of with the aforesaid liberty. At the time of filing of the writ petition in 1998, he never projected any grievance for his promotion from Drilling Khalashi to Assistant Driller. Taking the plea that one similarly situated person namely, Prayag Narain Singh was promoted as Assistant Driller by office order dated 12.03.1986 he, however, filed W.P.(S) No. 2960 of 2008 seeking promotion to the post of Assistant Driller as granted to aforesaid Prayag Narain Singh in 1986 which plea was not accepted by the learned Writ Court observing that it was always open for the appellant that if he had any grievance with respect to the promotion of Prayag Narain Singh to the post of Assistant Driller, he could have projected it earlier and choose to do only in 2008 by filing the aforesaid writ petition [W.P.(S) No. 2960 of 2008]. Considering that there was an inordinate delay on the part of the appellant in approaching the Court which is unexplainable, the Writ Court has refused to entertain the writ petition which, in our considered view, does not appear to be faulty on any count.
2. Viewed thus, the instant appeal merits dismissal. Ordered accordingly.
(Virender Singh, C.J.) (Shree Chandrashekhar, J.) Manish/Amit