Pramod Kumar v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.673 of 2022 In Civil Writ Jurisdiction Case No.15295 of 2018 ====================================================== Pramod Kumar Son of Sri Ram Naresh Prasad Resident of Hansepur, P.S. Aungari (Pirbigaha) Nalanda at Present residing at Patel Nagar, North, Badhaitola, Near Gayatri Temple, P.O. and P.S. Islampur, District- Nalanda. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Mines and Geology Department, Bihar, Patna.

2.

The Principal Secretary, Mines and Geology Department, Government of Bihar, Patna.

3.

The Additional Secretary, Mines and Geology Department, Government of Bihar, Patna.

4.

The Under Secretary to Government, Mines and Geology Department, Government of Bihar, Patna.

5.

The Competent Authority, District Mining Office, Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Durga Nand Jha, Advocate For the State :

Mr.Gyan Prakash Ojha (GA7) For the Mines :

Mr. Naresh Dikshit, Spl.P.P Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 25-07-2025 In the present LPA, appellant has assailed the order of the learned Single Judge dated 01.11.2022 passed in CWJC No. 15295 of 2018.

2. The appellant was appointed on contract basis and his services were terminated on 18.03.2018 while relieving his

Patna High Court L.P.A No.673 of 2022 dt.25-07-2025 2/3 services on 19.03.2018. The appellant's services have been dispensed while appointing two persons vide Annexure-13 dated 19.03.2018 to the supplementary affidavit filed in the writ petition. Their names are as under:- क्र० ननाम पपितना कना ननाम ककोपट 1.

मको० जनावद इकवनाल स्व० मको० रवयनाजुदद्दीन अननारपक्षित 2.

सजुशद्दी/शद्दीमतद्दी पमतजु कजुमनारद्दीशद्दी रमवश प्रसनाद गजुप्तनाअननारपक्षित मपहिलना

3. Core issue involved in the present lis is whether a contract employee can be replaced by another contract employee or not. No doubt, such principle is attracted to the extent that one contract employee cannot be replaced by another contract employee unless and until there are any allegation against initially appointed contract employee.

4. Be that as it may, the appellant has not assailed the appointment of newly appointed contract employees so as to invoke the aforementioned principle. For want of necessary and proper party, the appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 01.11.2022 passed in CWJC No. 15295 of 2018. It is to be noted that the learned Single Judge has not taken note of the non impleadment of necessary and proper party and so also there is no challenge to the aforementioned persons appointment on

Patna High Court L.P.A No.673 of 2022 dt.25-07-2025 3/3 contract basis. In the event of allowing present LPA, newly appointed contract employees right would be affected and it would be without hearing them.

5. The present LPA stands dismissed.

6. Pending I.A., if any, stands disposed of.

(P. B. Bajanthri, J) (S. B. Pd. Singh, J) ranjan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.08.2025 Transmission Date NA