Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10646 of 2024 ====================================================== Vinod Kumar Son of Late Ramji Gope Resident of Mohalla Rikulipur, P.O. and P.S.- Biharsharif, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the law Secretary, Law Department, Old Secretariat, Patna.

2.

The Secretary, Finance Department, Govt of Bihar, Old Secretariat, Patna. 3.

The Member Secretary, Bihar State Legal Service Authority, Budh Marg, Patna.

4.

The District and Session Judge-Cum-Chairman, District Legal Service Authority, District- Patna.

5.

The Secretary, District Legal Service Authority, District- Patna. 6.

The Secretary, Taluka legal Services Authority, Patna City, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar, Advocate For the Respondent/s :

Mr. Addl. Advocate General (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed directing the respondent authorities to correct the post vide Gyapank No.69/D.L.S.A., Patna dated 27.03.2012 (Annexure-P3) from peon (contact basis) to peon (permanent) as District Legal Services Authority, Patna, has invited application vide employment notice No.02/2011 for appointment against Peon (permanent) post and

Patna High Court CWJC No.10646 of 2024(2) dt.18-07-2024 2/2 not on peon (contract basis) and to give all consequential benefits. The further prayer has been made to direct the respondent authorities to pay salary to the petitioner according to seventh pay commission.

3. Learned counsel for the State has raised preliminary objection and submits that writ petition of the petitioner is not maintainable at all due to the reason that cause of action for the petitioner has arisen in the year 2012 itself, but he has moved before the Court in the year 2024 and such delay matters may not be entertained.

4. In response thereof, counsel for the petitioner submits that his representation is pending being Annexure-P/5 before the Secretary, District Legal Services Authority, Patna, on which no order has been passed.

5. In this view of the matter, without entering into the merit and demerit of the case, this writ petition is disposed off directing respondent No.5, the Secretary, District Legal Services Authority, Patna, to take decision on the representation filed by the petitioner within ninety days from the date of receipt/production of a copy of this order.

(Dr. Anshuman, J) Mkr./- U