Krishna Kumar Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1482 of 2013 IN Civil Writ Jurisdiction Case No. 12074 of 2013 =========================================================== Krishna Kumar Jha Son of Shardanand Jha, resident of Mohaala- Subhankarpur, P.S.- Town, District- Darbhanga. At Present Working as Routine Clerk, C.M., College, Darbhanga .... .... Appellant/s
Versus
1. The State of Bihar, through Principal Secretary, Education Department, Higher Education, New Secretariat, Patna
2. Lalit Narayan Mithila University, Darbhanga through its Vice-Chancellor
3. The Registrar, Lalit Narayan Mithila University, Darbhanga
4. The Principal, C.M. College, Darbhanga .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Md. Shahnawaz Ali, Advocate For the Respondent/s : Mr. Ajay Bihari Sinha, Advocate Mr. A. Ujjwal, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 23-02-2017 The appeal of the appellant is required to be dismissed without any interference with the order dated 31.07.2013 passed in C.W.J.C. No. 12074 of 2013 keeping in mind the facts, which speak for itself.
The appellant was appointed on a Class-IV post in C.M. College under L.N. Mithila University when he was a minor. Such appointment per se was illegal. Even if that aspect of the matter is ignored, he has overstayed his invitation because he has completed
Patna High Court LPA No.1482 of 2013 dt.23-02-2017 2/2 44 years of service in the establishment. It is high time that he retired gracefully and accepts the finding given by the learned Single Judge holding his date of superannuation to be 31.08.2013. Any greed shown by the appellant further on this issue will be perilous for his post retiral life.
The appeal has no merit. It is dismissed.
(Ajay Kumar Tripathi, J.) (Nilu Agrawal, J.) Arjun/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2017 Transmission Date NA