Hare Krishna Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5696 of 2021 ====================================================== Hare Krishna Nayak Son of Late Mahavir Nayak Resident of Village Pakohawa, Police Station Kusheshwarsthan, District Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner-Cum-Secretary, Health Department, Government of Bihar, Patna. 2.

The Chief Maleria Officer, Bihar, Patna.

3.

The Civil Surgeon-Cum-Chief Medical Officer, Darbhanga. 4.

The District Maleria Officer, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Nath Dubey, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-03-2022 Heard learned counsel for respective parties. In the instant petition, petitioner has prayed for the following reliefs: - "For issuance of writ/writs, order/orders, to direction/directions to the respondent to consider the case of the petitioner in the light of the order passed in C.W.J.C.No. 573 of 2004 and examine the case of the petitioner in the light of the order passed in C.W.J.C. No. 1542 of 2016 because the similarly situated persons have been of taken back in service and the case of the petitioner has not been examined by the respondent still the date without considering the facts that the petitioner is working under the since about 2 decades, the respondents

Patna High Court CWJC No.5696 of 2021 dt.31-03-2022 2/3 termination order has been passed without giving any proper opportunity and without considering that the similarly situated persons are still working under the respondents and several persons have already been taken back in service alter the order of the Hon'ble Patna High Court and further for any other relief/ reliefs as this Hon'ble Court may deem fit and proper for the ends of justice."

Petitioner's services were terminated in the year 2003. Feeling aggrieved and dissatisfied with the order of termination petitioner presented CWJC No. 573 of 2004 and it was decided on 01.12.2009. It is to be noted that this Court has not interfered with the order of termination. Para 13 of the order reads as under:- "13. Petitioner submits that he will file a representation before the respondents to consider his case on compassionate ground and sympathetically for his re-engagement/reinstatement in view of the orders passed in different cases by this Court. Petitioner will be at liberty to do so and if he files such a representation, the respondents will be at liberty to consider the same."

In the light of the aforesaid order the petitioner has presented this petition once again seeking direction to consider representation read with termination order issued by the competent authority/forum. The petitioner is not entitled for a direction in terms of the earlier order. That apart petitioner slept over the matter from

Patna High Court CWJC No.5696 of 2021 dt.31-03-2022 3/3 01.12.2009, in fact he should have questioned termination at the earliest.

Accordingly, the present petition stands dismissed. (P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A