Mithilesh Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1362 of 2012 In Civil Writ Jurisdiction Case No. 10892 of 2011 ====================================================== Mithilesh Kumar Sinha, S/o Shivnandan Prasad Sinha, at present Working as Peon, Project Girls High School, Bastaul, Katihar. .... .... Appellant.

Versus

1. The State of Bihar.

2. The Director, Secondary Education Government of Bihar, New Secretariat, Patna.

3. The District Education Officer, Katihar, District Katihar.

4. The Head Mistress, Girls High School, Bastaul, Katihar, District Katihar. .... .... Respondents. ====================================================== Appearance :

For the Appellant : Mr. Prashant Vibhaw, Adv. Mr. Shyama Kant Singh, Adv.

For the Respondents : Mr. Girijesh Kumar Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 27-03-2015 I.A. No.5776 of 2012 has been filed for condoning the delay in filing the appeal.

Heard.

I.A. No.5776 of 2012 is allowed and delay in filing the appeal is condoned.

Heard learned counsel for the appellant who was the writ petitioner. Having perused the judgment of the learned Single Judge, we are not inclined to interfere with the judgment in view of the facts as noted by the learned Single Judge. The writ petitioner was appointed in a school by the Headmistress upon the recommendation made by the A.D.M. The

Patna High Court LPA No.1362 of 2012 (03) dt.27-03-2015 - 2 - appointment as such suffered rank illegality. In such a situation, no prayer for regularization can even be considered. The order to terminate his services cannot be interfered with. Accordingly, this appeal is dismissed.

(Navaniti Prasad Singh, J.) (Jitendra Mohan Sharma, J.) Trivedi/- U