Nand Lal Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5859 of 2011 ====================================================== Nand Lal Sah, son of Sri Ram Chandra Sah, resident of village Hansa, P.S. Waris Nagar, District Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Department of Welfare cum Social Welfare, Bihar, Patna

2. The Director Welfare, Bihar, Patna

3. The Director Social Welfare Bihar Patna

4. The Deputy Director Welfare Darbhanga Commissionary Darbhanga

5. The Sub Divisional Welfare Officer, Rosera

6. The Employment Officer, Samastipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-02-2016 Heard Sri Surendra Kumar Mishra, learned counsel, who was assisted by Sri Ajay Kumar Singh, learned counsel for the petitioner and learned AC to SC No. 11.

The petitioner, has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India, with a prayer to quash an order which was issued long back on 22.8.1996 (Annexure - '8' to the writ petition). He has also prayed for directing the respondents to pay salary and take work from him. Earlier also the petitioner had filed a writ petition vide CWJC No. 4020 of 1997 which was disposed of on 9.3.1998 with a direction to conclude the enquiry within a specified time. By order contained in Annexure - '8' the Director, Welfare had

Patna High Court CWJC No.5859 of 2011 (6) dt.29-02-2016 2/2 issued general direction to the District Magistrate, Darbhanga, Madhubani and Samastipur to stop payment of salary to all such persons who were illegally appointed. The order was passed in the year 1996. Thereafter the petitioner filed a writ petition in the year 1997 which was disposed of in the year 1998. Thereafter without any plausible explanation the petitioner has approached again this court for the same relief i.e. for quashing of Annexure - '8' to the writ petition.

In view of the facts particularly the fact that the order impugned was passed long back in the year 1996 there is no need to pass any positive order.

The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U