Pankaj Kumar v. The State Of Bihar Through Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.671 of 2022 In Civil Writ Jurisdiction Case No.14410 of 2018 ====================================================== Pankaj Kumar Son of Shri Nagendra Prasad Shrivastava Resident of Mohalla - Nai Bazar, Ward No. 4, P.S. Buxar, District - Buxar. ... ... Appellant/s
Versus
1.
The State of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.
2.
The Director, Library and Information Centre, Bihar, Patna. 3.
The Incharge Director, Library and Information Centre, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Wasi Ahmad Khan, Advocate Mr.Maria Nazir, Advocate For the Respondent/s :
Mr.Apurva Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-09-2024 The appellant is aggrieved with the removal from an appointment made as 'Sorter' by the Superintendent of Libraries, Bihar, Patna.
2. The learned Single Judge has found that the appointment was made without any advertisement, thus violating Articles 14 and 16 of the Constitution of India. It was also found from the order dated 13.08.2012, which was produced to substantiate the claim, that it was not an appointment, but was a promotion. The learned Single Judge also specifically found that the appellant who was continuing as
Patna High Court L.P.A No.671 of 2022(5) dt.25-09-2024 2/2 a Sweeper did not point out any rule or regulation which enables promotion of a Sweeper to the post of Sorter. Before us, the learned Counsel for the appellant contended that it was a temporary appointment, in which event the appellant has absolutely no right to claim continuance.
3. For all the above reasons, we find absolutely no reason to sustain the claim raised by the appellant. The appeal stands dismissed.
(K. Vinod Chandran, CJ) (Partha Sarthy, J) Anushka/- U