The State Of Bihar And ANR v. Subodh Bihari Sahay

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1435 of 2005 ======================================================

1. The State of Bihar through Commissioner-cum-Secretary, Department of Education, Bihar, Patna

2. The Director (Admn)-cum-Joint Secretary, Government of Bihar, Patna ... ... Appellant/s

Versus

Subodh Bihari Sahay, son of late Dr. Brahmeshwar Sahay, resident of Mohalla- Mohanpur, P.O. Punaichak, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. ALOK KR.(JC TO SC1) For the Respondent/s :

Mr. ANURAG K.SHUKLA, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-02-2018 This appeal has been filed by the State Government seeking exception to an order dated 27.4.2005 in C.W.J.C. No.1589 of 2000.

By the impugned order, the learned Writ Court has granted benefit of promotion in the Junior Selection Grade retrospectively with effect from 20th of August, 1982. Having considered the reasons that weighed with the learned Writ Court in granting the benefit, we see no reason to make any indulgence now after such a long period of time, i.e. 12

Patna High Court LPA No.1435 of 2005 dt.13-02-2018 2/2 years of the order passed, particularly after the respondent employee having retired and left service.

Accordingly, finding no ground for interference with the impugned order, we dismiss this appeal.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 16.02.2018 Transmission Date