Md.Sattar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10400 of 2012 ====================================================== 1.

Md.Sattar, Son Of Abdul Aziz, Resident Of Village- Methrapur, Post OfficePatahia, District- Muzaffarpur 2.

Mazahar Alam, Son of Md. Ashrif, Resident of Village- Tunia Tola Kobha, Post Office- Guralia, Via- Chatahi, District- Betiah, West Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Secretary, Department Of Animal Husbandry, Government Of Bihar, Vikash Bhawan, Bailey Road, Patna- 1 3.

The Additional Secretary, Department Of Animal Husbandry, Vikash Bhawan, Bihar, Patna 4.

The Director, Animal Husbandry, Bihar, Vikash Bhawan, Baily Road, Patna. 5.

The Deputy Director, Animal Husbandry North Bihar Range, Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate Mr.Mazharul Hassan, Advocate For the Respondent/s :

Mr. Deepak Sahay Jamuar, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-05-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are making a prayer for their regularization in service having been claimed that they are discharging the duty from 1988 and they should be regularized. It appears that the petitioners along with others moved for regularization of their services in CWJC No. 1184 of 1990 unsuccessfully, the order was challenged in LPA No. 1139 of 1997, that order has been tested unsuccessfully before the Hon'ble Supreme

Patna High Court CWJC No.10400 of 2012(7) dt.09-05-2019 2/2 Court in S.L.P. No.5262 of 2000. It appears that the petitioners case was considered earlier and the Court has not granted any relief having been held that it is illegal appointment and this Court is of the view that illegal appointment does not create any right.

Counsel for the petitioners submits that no action has been taken against the person, who has appointed them, but for that the petitioners cannot be granted any relief. In such view of the matter, this Court does not find any merit in the present case, accordingly, this writ application is dismissed.

(Shivaji Pandey, J) V.K.Pandey/- U