Patna High CourtCWJC/11562/2014dismissed

Nand Kumar Thakur And ANR v. The State Of Bihar And ORS

2019-02-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11562 of 2014 ======================================================

1. Nand Kumar Thakur S/o - Ram Ashish Thakur R/o - Village - Rais, P.S. - Pandarak, P.O. - Bhagwatipur, District - Patna.

2. Sunil Kumar S/o - Late Tilo Prasad resident of Village - Pandarak, P.S. - Pandarak, District - Patna ... ... Petitioners

Versus

1. The State Of Bihar through the Secretary, Department of Welfare, Bihar, Patna

2. The Director, Department of Welfare, Patna.

3. The Deputy Director, Department of Welfare, Darbhanga Commissionary, Darbhanga.

4. The Headmaster, Scheduled Caste Residential Girls School, Ram Nagar, District - Madhubani.

5. The Headmaster, Scheduled Caste Residential Girls School, Bathnaha, District - Madhubani.

6. The District Employment Officer, Samastipur ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mrs. Namrata Mishra, Advocate Mrs. Archana Jha, Advocate and Anamika Kumari, Advocate For the State :

Alka Verma, AC to SC 17 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Admitted position is that the issue of termination impugned in the instant writ petition was subject matter of C.W.J.C.No. 4011 of 1997 as also C.W.J.C.No. 12202 of 2000. On 3.4.2004 the petitioner was allowed liberty in the proceedings arising out of C.W.J.C.No. 12202/2000 to apply pursuant to process initiated for making appointments. Petitioners have not applied for consideration in the process of appointment, having availed of such opportunity under the said order dated 30.4.2004 in C.W.J.C.No. 12202 of 2000. Now again they seek quashing of the termination order which was

Patna High Court CWJC No.11562 of 2014(2) dt.18-02-2019 2/2 earlier subject matter of the writ proceedings. Petitioners have not availed the remedy granted in the writ proceedings bearing C.W.J.C.No. 12202 of 2000 being the last one. In the circumstances, successive writ petition for stale relief which already was considered in the earlier proceedings would not be maintainable at the instance of the writ petitioner. The writ petition is dismissed.

(Madhuresh Prasad, J) Shashi U