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Patna High Court - Orders

Dinanath Prasad vs The State Of Bihar on 10 February, 2025

Author: P. B. Bajanthri

Bench: P. B. Bajanthri, Sunil Dutta Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Letters Patent Appeal No.489 of 2022
                                                       In
                                Civil Writ Jurisdiction Case No.146 of 2018
                 ======================================================
                 Dinanath Prasad son of Kashi Prasad Resident of Mohalla- Maulabagh, P.O.-
                 Arra Town, P.S.- Arra, District- Bhojpur.

                                                                            ... ... Appellant/s
                                                  Versus
           1.    The State of Bihar through its Chief Secretary, Government of Bihar, Old
                 Secretariat, Patna.
           2.    The Commissioner-cum-Secretary (Now Principal Secretary), Public Health
                 Engineering Department, Government of Bihar, Patna.
           3.    The Regional Chief Engineer, Public Health Engineering Department,
                 Government of Bihar, Patna.
           4.    The Superintending Engineer, Public Health Engineering Circle, Patna.
           5.    The Executive Engineer, Public Health Engineering Division, Arrah.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Ajay Kumar Sinha, Sr. Advocate
                                               Mr. Ugranath Mallik, Advocate
                 For the State          :      Mr. S. Raza Ahmad, AAG 5
                                               Mr. Alok Ranjan, AC to AAG 5
                 ======================================================
                     CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
                                               and
                          HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

                         (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

9   10-02-2025

Appellant has assailed the order of the learned Single Judge dated 16.08.2022 passed in CWJC No. 146 of 2018. The appellant is stated to have been appointed on ad hoc basis on 15.03.1996. In the light of various policy decisions, appellant's services have been regularized against the post of Keyman on 18.07.2007. His grievance was that he is entitled to have the benefit of absorption to the post of Anusevak. Such grievance Patna High Court L.P.A No.489 of 2022(9) dt.10-02-2025 2/2 has been sought to be redressed on 22.08.2017 i.e. after one decade from the date of absorption of services to the post of Keyman on 18.07.2007 and CWJC was filed in the year 2018.

2. The appellant has failed to question his absorption order dated 18.07.2007 to the extent of modification of his absorption from Keyman to that of Anusevak. On the other hand, there is enormous delay and laches on his part insofar as seeking alternative post to the post of Anusevak. In the light of these facts and circumstances, the appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 16.08.2022 passed in CWJC No. 146 of 2018. Accordingly, LPA No. 489 of 2022 stands dismissed.

(P. B. Bajanthri, J) (Sunil Dutta Mishra, J) GAURAV S./-

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