Rahul Ranjan v. The National Institute Of Technology, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.480 of 2022 In Civil Writ Jurisdiction Case No.8403 of 2022 ====================================================== Rahul Ranjan, son of Ramawatar Paswan, resident of Mohalla- Sona Gopalpur, P.O. and P.S.- Gopalpur, District- Patna. ... ... Appellant.

Versus

1.

The National Institute of Technology, Patna through its Director. 2.

The Director, National Institute of Technology, Patna. 3.

The Registrar, National Institute of Technology, Patna. 4.

The Deputy Director and Chairman, Appointment Committee, National Institute of Technology, Patna.

... ... Respondents.

====================================================== Appearance :

For the Appellant :

Mr. Sarvan Kumar, Advocate.

For the Respondents :

Mr. Y.V. Giri, Senior Advocate.

Mr. Sanjay Kumar Giri, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 21-04-2025 Appellant has assailed the order of the learned Single Judge dated 18.08.2022 passed in C.W.J.C. No.8403 of 2022.

2. Appellant-Rahul Ranjan was stated to have been appointed on contract basis and it was renewed from time to time. The last renewal was upto July, 2022. In this backdrop, appellant had sought for his regularization in the writ petition (C.W.J.C. No.8403 of 2022). The learned Single Judge had passed the following order on 18.08.2022 in C.W.J.C. No.8403 of 2022:

Patna High Court L.P.A No.480 of 2022 dt.21-04-2025 2/3 "The petitioner has already been removed from the services. The prayer made by the petitioner is to regularize his services or absorbed him as technical assistant. Since the petitioner has already been removed from the service, his service could not be regularized.

Accordingly, this writ petition is dismissed.

However, the petitioner would be free to challenge his removal before the appropriate forum."

3. Recently, in L.P.A. No.211 of 2021 (Piush Kumar and others Versus The State of Bihar and others), this Court proceeded to consider and pass order on 16.04.2025 to the extent that contract employee has no statutory or vested right to claim for regularization for the reasons that contract appointment is purely on contract and master and servant relationship ceases with reference to contract appointment read with agreement.

4. In the light of these facts and circumstances, appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 18.08.2022 passed in C.W.J.C. No.8403 of 2022.

5. Accordingly, the present L.P.A. No.480 of 2022 is

Patna High Court L.P.A No.480 of 2022 dt.21-04-2025 3/3 dismissed.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2025.

Transmission Date NA