Rajeshwar Prasad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.378 of 2016 IN Civil Writ Jurisdiction Case No. 11963 of 2015 ===========================================================

1. Rajeshwar Prasad, son of Late Lal Prasad, Resident of village- Kopa Khurd, P.O. + P.S.- Naubatpur, District- Patna.

2. Udai Dubey, Son of Late Ramjanam Dubey, Resident of Village- Gangachak, P.O. + P.S.- Bikram, District- Patna.

3. Sadanand Paswan, Son of Late Ramnandan Paswan, Resident of villageKoriyawan, P.O.- Hansadih, P.S.- Masaurhi, District- Patna.

4. Shatrughan Tiwari, son of Late Tapeshwar Tiwari, Resident of VillageGangachak, P.O. + P.S.- Bikram, District- Patna, Bihar. .... .... Petitioners-Appellant/s

Versus

1. The State of Bihar.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Principal Secretary, Higher Education, Govt. of Bihar, Patna.

4. The Director, Higher Education, Govt. of Bihar, Patna.

5. The Vice-Chancellor, Magadh University, Govt. of Bihar, Patna.

6. The Registrar, Magadh University, Bodh-Gaya, Govt. of Bihar, Patna.

7. The Principal B.S. College, Danapur, Govt. of Bihar, Patna. .... .... Respondents-Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Ranjeet Tiwary, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 07-04-2017 Re.: Interlocutory Application No.1590 of 2016 The delay in filing of this Appeal is condoned.

Patna High Court LPA No.378 of 2016 dt.07-04-2017 2/3 Re. : Letters Patent Appeal No.378 of 2016 Seeking exception to an order dated 06.08.2015 passed by the Writ Court in CWJC No.11963 of 2015, this Appeal has been filed under Clause X of the Letters Patent.

Petitioners' services were terminated way back in the year 1984 along with many other persons. The petitioners kept quite and were satisfied by representing to the Department whereas the other aggrieved persons invoked the jurisdiction of this Court and, their petitions were decided in the year 1985. Subsequently, the matter travelled to the Supreme Court and finally in the year 1988, based on orders passed, these persons were granted benefit. Inter alia contending that as similarly situated persons have been granted benefit and further pointed out that Sri Dilip Kumar Rakesh, Suryadeo Singh, Chaittali Sinha, Chandeshwar Singh and Ramakant Prasad Singh have been granted benefit and similar benefits should be granted to the petitioners, the writ petition was filed in the year 2015.

The learned Writ Court after evaluating each and every aspects of the matter came to the conclusion that the petitioners have been slept over the matter, therefore, no indulgence can be made now after such a long period of time and dismissed the writ petition by citing various reasons.

Patna High Court LPA No.378 of 2016 dt.07-04-2017 3/3 reconsideration. The appeal is dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) Sunil/- AFR/NAFR N.A.F.R.

CAV DATE N. A.

Uploading Date 11.04.2017 Transmission Date