Dashrath Das And ORS v. The State Of Bihar Through The Chief Secretary Bihar And ORS
Patna High Court CWJC No.17160 of 2012 dt.03-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17160 of 2012 ===========================================================
1. Dashrath Das S/O Sri Jagdish Das R/O Village- Ganda Tand (Herudih), P.O.- Kisgo, P.S.- Herudih, District- Giridih (Jharkhand)
2. Krishna Prasad S/O Late Bahadur Ram R/O Village- Bibiganj (Near Police Chowki), P.O.- Danapur, P.S.- Danapur, District- Patna
3. Sunil Kumar S/O Sri Badri Ram R/O Village- Kurthaul Tand, P.O.- Kurthaul, P.S.- Parsa, District- Patna
4. Ganesh Paswan S/O Late Jagdeep Paswan R/O Village- Sohagi, P.O.- Sona Gopalpur, P.S.- Gauri Chak, District- Patna
5. Shailendra Kumar S/O Late Mahavir Prasad R/O Village + P.O.- Shashtri Nagar, P.S.- Shashtri Nagar, Quarter No. 618/800, District- Patna-23 .... .... Petitioners
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna
2. The Personnel and Administrative Reforms Department, Government of Bihar, Patna
3. The Secretary, Public Health Engineering Department, Government of Bihar, Patna
4. The Joint Secretary, Public Health Engineering Department, Government of Bihar, Patna
5. The Chief Engineer (Mechanical), Public Health Engineering Department, Government of Bihar, Patna
6. The Executive Engineer, Public Health Engineering Division, Public Health Engineering Department, Chhapra
7. The Executive Engineer, Public Health Division, Patna East, Public Health Engineering Department, Patna .... .... Respondents =========================================================== Appearance:
For the Petitioners : Mr. Syed Asgher Najmi, Adv For the Respondents : Mr. Dhurjati Kr. Prasad GP 14 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-08-2017 The present writ petition has been filed for a direction to the concerned authorities to appoint/reinstate the petitioners on the vacant Class IV posts available at different divisions of the Public Health Engineering Department in view of the order No. 3/7 Pa-2-
Patna High Court CWJC No.17160 of 2012 dt.03-08-2017 1014/97-120 passed in Referal Case No. 18 of 1994 and Memo No. 368 dated 08.04.2000 under the signature of the Secretary, Public Health Engineering Department and in view of the different resolutions of the State Government for the retrenched employees.
2. At the very outset this Court takes note that the petitioners have based their claim on certain orders passed as far back in the year 1994 and 2000 whereas they have approached this Court after an inordinate delay of about 12 years by filing the writ petition, registered on 12.09.2012. The petitioners are clearly pursuing a stale claim and are not entitled to relief by this Court in its extra ordinary jurisdiction in view of delay and laches, as no good ground has been stated to explain such delay.
3. The writ petition stands dismissed.
(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 04.08.2017 Transmission Date N.A.