Patna High CourtCWJC/12293/2013disposed

Nityanand Yadav v. The State Of Bihar And ORS

2016-10-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12293 of 2013 =========================================================== Nityanand Yadav Son Of Late Bindeshwari Yadav Resident Of VillageMirchaibari, P.S.- Janki Nagar, District- Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Revenue And Land Reforms Department, Bihar, Patna

3. The Director, Consolidation, Bihar, Patna

4. The Asstt. Director, Consolidation, Bhagalpur

5. The District Magistrate, Begusarai

6. The Deputy Collector (Establishment), Begusarai .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tiwari, Adv. Mr. Amit Kumar Anand, Adv.

For the Respondent/s : Mr. Amish Kumar, AC to AAG-8 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 18-10-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is claiming that he was deputed from Consolidation Department to Collectorate of Begusarai but, he, on account of unavoidable circumstances, could not join there. Thereafter, he gave joining to the parent department which was rejected vide order dated 29.11.2005.

An explanation of delay has been given by the petitioner that his elder son had died and the second son had developed eye problem and, for that reason, he had to move around Patna and Nepal

Patna High Court CWJC No.12293 of 2013 dt.18-10-2016 and he has wrongly been deprived of his joining either to the current department or to the department where he was deputed. This Court does not find any error in the order of the Deputy Collector (Establishment), Begusarai. However, the petitioner may approach to the competent authority by filing a fresh represent. If a representation is filed by the petitioner within a period of three weeks from today, the authority concerned will dispose of the same within a period of six months from the date of filing of representation by the petitioner.

It is made clear that this Court has not given an final opinion on the merit of the case.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.10.2016 Transmission Date