Awadhesh Kumar And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1046 of 2015 In Civil Writ Jurisdiction Case No.2745 of 2015 ======================================================

1. Awadhesh Kumar son of Suresh Mahto resident of village- Arai Etawari Tola, P.S.- Shahjehanpur, District- Patna.

2. Rahul Kumar Sinha son of Kulbhushan Singh resident of Village- Topp, P.S.- Shahjehanpur, District- patna.

... ... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna.

2. The Secretary of Health-cum-Executive Director, the State Health Society, Pariwar Kalyan Bhawan, Sheikhpura, Patna.

3. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna.

4. The Civil Surgeon-cum-Member Secretary, District Health Society, Nalanda at Biharsharif.

5. The District Magistrate, Nalanda.

6. The District Programe Manager, Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Kamlesh Kumar For the Respondent/s :

Mr. Mrityunjay Kumar, A.C. to AAG 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 03-01-2019 None appears on behalf of the appellants.

Mr. Mrityunjay Kumar, learned Assistant Counsel to A.A.G. 6 appears for the State and informs that the appointment in question of Para Medical Workers was on contract for a period of one year which has already expired. This appeal arises from the judgment and order dated 08.04.2015 of the learned Single Judge passed in C.W.J.C. No. 2745 of 2015, whereby the writ petition was dismissed taking

Patna High Court LPA No.1046 of 2015(17) dt.03-01-2019 2/2 note of the fact that there was no procedural infirmity in the selection process.

Considering the opinion expressed by the learned Single Judge on examination of materials available on record and the fact that the appointment in question of Para Medical Worker was contractual in nature and only for one year, we are not persuaded to interfere with the opinion expressed by the learned Single Judge.

The appeal is, accordingly, dismissed.

(Jyoti Saran, J) ( Arvind Srivastava, J) mcv/- U