Md. Nazir Hussan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1230 of 2017 In Civil Writ Jurisdiction Case No. 16329 of 2014 ====================================================== Md. Nazir Hussan, son of Late Syed Abdul Rafay, resident of village + P.O. - Bazidpur, Via Lalbigha, P.S. - Kashi Chak, District - Nawada. .... .... Appellant

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Government of Bihar, Patna.

3. The Director, Secondary Education, Government of Bihar at Patna.

4. The District Education Officer, Nawada .... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Md. Kamaluddin For the Respondent/s : Mr. A.R.Pandey -Aag15 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4.

02-05-2018 Keeping in view the fact that the petitioner did not report for duty right from 25.11.1977 and did not take any action for 40 years, the writ petition filed in the year 2014 has been dismissed on the ground that now after such a long absence by the petitioner there seems to be voluntary appointment of service and pensionary benefits cannot be granted.

Taking note of the peculiar facts and circumstances of the case, we see no reason to make any

Patna High Court LPA No.1230 of 2017 (4) dt.02-05-2018 indulgence into the matter.

The appeal stands dismissed.

(Rajendra Menon, CJ.) (Rajeev Ranjan Prasad, J.) Rajeev/- U