Mahakant Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.688 of 2015 Arising out of Civil Writ Jurisdiction Case No. 7140 of 2014 =========================================================== Mahakant Jha, Son of Sri Rajendra Jha, Resident of Mohalla - West Lohanipur, P.O. + P.S. - Kadamkuan, District - Patna.

.... .... Appellant

Versus

1. The State of Bihar through its Chief Secretary.

2. The Principal Secretary cum Industrial Development Commissioner, Department of Industries, Government of Bihar, Patna.

3. The Commissioner, Department of Finance, Government of Bihar, Patna.

4. The Bihar State Export Corporation through its Managing Director, 6th Floor, Land Development Bank Building, Budha Marg, Patna.

5. The Managing Director, Bihar State Export Corporation through its Managing Director, 6th Floor, Land Development Bank Building, Budha Marg, Patna.

6. The Bihar State Beverage Corporation Limited., through its Managing Director, Vidut Bhawan -II, 1st Floor, Jawahar Lal Nehru Marg, Patna.

7. The Managing Director, Bihar State Beverage Corporation Limited., , Vidut Bhawan -II, 1st Floor, Jawahar Lal Nehru Marg, Patna.

8. The General Manager, Human Resources and Administration, Bihar State Beverage Corporation Limited., 1st Floor, Jawahar Lal Nehru Marg, Patna. .... .... Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Priyadarshi Matri Sharan, Advocate. For the Respondents 6&7: Mr. Girijesh Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 24-07-2017 Heard counsel for the appellant and counsel for the Bihar State Beverage Corporation Limited.

The Bihar State Export Corporation is not represented since the company has gone in liquidation and Official Liquidator has already taken possession of the assets.

Patna High Court LPA No.688 of 2015 dt.24-07-2017 2/2 This is the foundational fact which has been taken note of even by the learned Single Judge in dismissing the Writ Application where a prayer for enhancement of age of superannuation was the issue.

The learned Single Judge is correct. There is no occasion to direct fixing any service condition of an employee, that too, of a Corporation which has gone in liquidation.

Appeal has no merit. It is dismissed.

I.A. No. 5188 of 2017 is rejected as the relief prayed therein cannot come within the ambit and the adjudication so made. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Dilip, AR AFR/NAFR NAFR CAV DATE N/A Uploading Date 24.07.2017 Transmission Date N/A