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Patna High CourtL.P.A/186/2019dismissed

Abhimanyu Prasad Verma v. The State Of Bihar And ORS

2024-08-23Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.186 of 2019 In Civil Writ Jurisdiction Case No.7597 of 2000 ====================================================== Abhimanyu Prasad Verma S/o Bishno Prasad Verma B/2, Vivekanand Park, Patiliputra Colony, P.s.-Patliputra, Distt.-Patna ... ... Appellant/s

Versus

1.

The State of Bihar through the Secretary, Science and Technology Department, New Secretariat, Patna 2.

Director Science and Technology Department, New Secretariat, Govt. of Bihar, Patna 3.

Managing Director Bihar State Agro, Industries Development Corporation Limited, Sinha Library Road, Patna 4.

Ramashray Singh S/o Late Rajendra Singh Mohalla-Road No.-1, Qtr. No.- 24, New Patliputra Colony, P.s.-Patliputra Colony, Distt.-Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Umesh Kumar Verma, Advocate For the Respondent/s :

Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 23-08-2024 Ref: I.A. No. 01 of 2024 Heard I.A. No. 01 of 2024 for condonation of delay of about 18 days in filing L.P.A. No. 186 of 2019. For the reasons stated in application read with the affidavit delay of about 18 days in filing the L.P.A. No. 186 of 2019 stands condoned. Accordingly, I.A. No. 01 of 2024 stands allowed.

2. Core issue involved in the present lis is whether appellant while working in the Bihar State Agro - Industries

Patna High Court L.P.A No.186 of 2019(4) dt.23-08-2024 2/2 Development Corporation Limited, was on deputation to Department of Science and Technology, Government of Bihar, is he entitled to be absorbed in the Science and Technology Department or not. The appellant could not apprise this Court with any statutory provision which provides for absorption of such of those Corporation employees who are on deputation to any of the State Government Department so as to draw inference that deputationist from the Corporation to State Government, has any vested right to seek absorption.

3. In the absence of any statutory provision for absorption of those who were on deputation from the Corporation in the State Department, the appellant has not made out a case so as to interfere with the order of the learned Single Judge dated dated 27.11.2018 passed in C.W.J.C. No. 7597 of 2000. Accordingly, L.P.A. No. 186 of 2019 stands dismissed.

4. Pending I.A.s, if any, stands disposed of. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) Neha/- U