Patna High Court
Ajay Kumar vs The State Of Bihar on 4 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.259 of 2022
In
Civil Writ Jurisdiction Case No.3172 of 2022
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1. Ajay Kumar S/o Kuldip Yadav @ Kuldip Prasad Yadav Resident of Village-
Orro, P.S.- Hisua, District- Nawada.
2. Kuldip Yadav @ Kuldip Prasad Yadav S/o Late Gulab Yadav, Resident of
Village- Orro, P.S.- Hisua, District- Nawada.
... ... Appellant/s
Versus
1. The State of Bihar through Commissioner-cum- Secretary, Department of
Home Special, Government of Bihar, Patna.
2. The Commissioner-cum- Secretary, Department of Home Special,
Government of Bihar, Patna.
3. The Commissioner, Magadh Division, Gaya.
4. The District Magistrate, Nawada.
5. Appointment Committee for Chowkidar through its President, Gaya.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Durgesh Nandan, Advocate
For the Respondent/s : Mr.P.K. Verma (AAG 3)
Mr. Sanjay Kumar Ghosarvey, AC to AAG-3
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 04-02-2025 One Kuldip Yadav, a serving Chowkidar, in accordance with the extant rule, resigned from his post before his retirement, so that his son Ajay Kumar could be accommodated.
2. Ajay Kumar, the appellant could not be accommodated on the post of Chowkidar in place of his Patna High Court L.P.A No.259 of 2022 dt.04-02-2025 2/2 father for the reason of his being a minor at that time. This was the reasoning of the learned Single Judge while dismissing the claim of the appellant.
3. We are afraid, there is no merit in this appeal. We have restrained ourselves from imposing cost only for the reason that the appellant could not obtain service despite his father having resigned before his age of superannuation.
4. The appeal stands dismissed.
5. Interlocutory application, if any, shall also stand closed.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Sujit/Krishna
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.02.2025
Transmission Date