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Patna High CourtL.P.A/527/2016disposed

Ram Ekbal Singh And ORS v. The State Of Bihar And ORS

2017-11-03The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.527 of 2016 In Civil Writ Jurisdiction Case No.3667 of 1991 ====================================================== RAM EKBAL SINGH & ORS ... ... Appellant/s

Versus

THE STATE OF BIHAR & ORS ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Santosh Kumar Sinha -2 For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 03-11-2017 Apart from the fact that there is inordinate unexplained 489 days' delay in filing of the writ petition, we find no merit in the contentions advanced with regard to the prayer made for regularization of the petitioners. However, the learned Writ Court has already directed for consideration of the case of the petitioners in the event the posts are advertised for regular appointment and at that point of time age relaxation is also to be granted for the period for which they worked as daily wage employee.

In view of the Constitution Bench judgment passed in the case of Secretary, State of Karnataka & Ors. vs. Umadevi(3) &

Patna High Court LPA No.527 of 2016 dt.03-11-2017 2/2 Ors., 2006(4) SCC 1, no indulgence can be made by this Court. However, the applicants herein will be entitled to age relaxation and seek their appointment on the post as and when they are advertised.

With the aforesaid reiteration, this appeal is disposed of.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 8.11.2017 Transmission Date