Patna High Court
Birendra Kumar Singh vs The State Of Bihar on 11 December, 2023
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.23 of 2022
In
Civil Writ Jurisdiction Case No.7778 of 2021
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Birendra Kumar Singh Son of Late Shiv Shankar Prasad Singh, Resident of
Village - Chakwaza, P.S. - Belshar, P.O. - Chakwaza Nagwa, Town and
District - Vaishali.
... ... Appellant/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principle Secretary, Department of Finance, Government of Bihar,
Patna.
3. The Principle Secretary, Department of Personnel and Administrative
Reforms, Government of Bihar, Patna.
4. The Secretary, Institutional Finance Department (Sanstik Vitt Vibhag),
Government of Bihar, Patna.
5. The Secretary, Institutional Finance and Programme Implementation
Department (Sansthik Vitt Vibhag and Karyakram Karyanwan Vibhag)
Government of Bihar, Patna.
6. The Secretary, Project Planning (Project Organization), Government of
Bihar, Patna.
7. The Under Secretary, Institutional Finance Department (Sanstik Vitt
Vibhag), Government of Bihar, Patna.
8. The Under Secretary, Department of Personnel and Administrative Reforms,
Government of Bihar, Patna.
9. The Director Cum Managing Director, Project Organization and Programme
Implementation Project Planning and Institutional Finance Department
Government of Bihar, Patna.
10. The Director Cum Deputy Secretary, Institutional Finance and Programme
Implementation Government of Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Navin Kumar, Advocate
For the Respondent/s : Mr.P.K. Shahi, AG
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 11-12-2023
The appellant is before this Court claiming
Patna High Court L.P.A No.23 of 2022 dt.11-12-2023
2/3
consideration for re-employment as a Typist on his earlier
employment having been terminated. The learned Single Judge
specifically noticed that in CWJC No. 6939 of 1990 dated
21.07.1992
, there was a direction to the respondents to take
steps for regular appointment against available vacant posts and
in that circumstance, also to consider the case of the petitioner,
if he is eligible in accordance with law. Admittedly, the
appellant did not move any authorities or even this Court after
that. If at all the authorities had been lax in complying with the
directions issued, then there should have been a contempt case
filed within one year. There was no contempt case filed nor a
further writ petition filed for appointment, as directed in the
earlier case.
2. The appellant has approached this Court in the
year 2021 and the learned Single Judge noticed that he is
already 58 years of age. As of now he will be 60 years of age
which is the retirement age insofar as the State of Bihar is
concerned. The learned Single has also noticed the case of State
of Jammu and Kashmir v. R.K. Zalpuri and others reported in
AIR 2016 Supreme Court 3006, when one of the valid grounds
for not exercising the extraordinary remedy under Article 226
was the petitioner being guilty of unexplained delay and the
Patna High Court L.P.A No.23 of 2022 dt.11-12-2023
latches in invoking the jurisdiction.
3. We are of the opinion that the learned Single
Judge had rightly dismissed the writ petition.
4. The L.P.A stands dismissed.
(K. Vinod Chandran, CJ)
( Rajiv Roy, J)
Anushka/-
AFR/NAFR
CAV DATE
Uploading Date 12.12.2023
Transmission Date
