Chandra Bhusan Kumar Sharma @ Chandra Bhusan Kr. Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16237 of 2013 ====================================================== Chandra Bhusan Kumar Sharma @ Chandra Bhusan Kr. Sharma Resident Of Mohalla - Dhelwa Gosain, P.O. and P.S. - Barh, District - Barh ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Commissioner-Cum-Secretary, Social Welfare Directorate, Government Of Bihar, Patna 3.

Director, Social Welfare Department, Social Welfare Directorate, Patna, Bihar 4.

District Magistrate, Jamui District 5.

Deputy Director, Social Security Cell-Cum District Child Protection Unit, Jamui Collectorate, Jamui 6.

Distinct Welfare Officer, Jamui Collectorate, Jamui, District - Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Adv.

For the Respondent/s :

Mr.Ashok Kumar Keshri, AAG XI ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 09-01-2023 Heard the parties.

The petitioner has prayed as under :

(i) For issuance of appropriate Writ/Writs, Order/Orders, direction/directions, command/commands and for the issuance of a Writ in the nature of Mandamus, directing the Respondent Nos. 4, 5 and 6 to appoint the petitioner on the post of District Probation Officer, from the candidates including petitioner, appeared and found the counselling on 15.01.2013 and the petitioner empanelled in the merit list at the Serial No. 4, in view of all the candidates, empanelled at Sl. N os. 1,

Patna High Court CWJC No.16237 of 2013(2) dt.09-01-2023 2/2 2 and 3 in List, did not choose to join also in view of existing vacant seat of District Probation Officer in the District of Jamui till date.

(ii) For giving direction to the concerned respondents to appoint the petitioner on the post of District Probation Officer on the ground that the petitioner fulfills all the requisite qualification as per the Advertisement dated 19.10.11 and being along candidate for the said post is entitled for his selection/appointment.

(iii) For any other relief/reliefs, for which the petitioner is entitled, be given in the facts and circumstances of the case.

The selection process for the post of District Probation Officer has been completed long back as the advertisement was issued in 2011. No orders can be passed now after lapse of ten years in relation to selection process conducted way back in 2011 and vacancies can not be filled after ten years. The prayer made by the petitioner by efflux of time has become otiose and infructuous. The petition is, accordingly, dismissed.

(Sanjeev Prakash Sharma, J) Shamshad/- Item No. 39 U