Qyamruddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1545 of 2019 In Civil Writ Jurisdiction Case No.16996 of 2011 ====================================================== Qyamruddin Ansari S/o Late Abdul Qayum Ansari Resident of VillageDiwan, P.s.- Karai Parsurai, Distt.- Nalanda ... ... Appellant/s

Versus

1.

The State of Bihar Bihar.

2.

The Head Secretary, Rural Works Department, Government of Bihar, Patna Viswaraiya Bhawan, 5th Floor, Bailey Road, Patna. 3.

The Joint Secretary, Rural Works Department, Government of Bihar, Vishwaraiya Bhawan, 5th Floor, Bailey Road, Patna. 4.

The Engineer- in- Chief cum Additional Commissioner cum Special Secretary, Rural Works Department, Government of Bihar, Patna Vishwaraiya Bhawan, 5th Floor, Bailey Road, Patna. 5.

The Chief Engineer IV (H.Q.), Rural Works Department, Government of Bihar, Patna Vishwaraiya Bhawan, 5th Floor, Bailey Road, Patna. 6.

The Deputy Secretary, Rural Works Department, Government of Bihar, Patna Vishwaraiya Bhawan, 5th Floor, Bailey Road, Patna. 7.

The Under Secretary, Rural Works Department, Government of Bihar, Patna Vishwaraiya Bhawan, 5th Floor, Bailey Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shashi Chandra Pandey, Advocate For the Respondent/s :

Mr.Pushkar Narain Shahi (Aag6) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 21-02-2024

Patna High Court L.P.A No.1545 of 2019 dt.21-02-2024 2/3 Re: I.A. No. 01 of 2023 Heard I.A. No. 01 of 2023 for condonation of delay in filing the present LPA No. 1545 of 2019. For the reasons stated in the application and affidavit, there is a delay of one day in filing LPA and it is condoned. Accordingly, I.A. No. 01 of 2023 stands allowed.

2. With the consent of the learned counsels for the respective parties, the present LPA is taken up for disposal.

3. Appellant was stated to have been appointed on ad hoc basis against Class IV on 29.10.1986 his services were terminated on 30.07.1998.

4. Perusal of the records, it is evident that there is no challenge to the order of termination dated 30.07.1998. In the absence of challenge to the termination order and re-instate into service, question of regularisation of appellant services is not warranted. These dates and events have been taken note of by the learned Single Judge. The appellant has not apprise this Court, what is the error committed by the learned Single Judge while passing order on 21.10.2019 in CWJC No. 16996 of 2011.

5. In the light of these facts and circumstances, the appellant has not made out a case so as to interfere with the order

Patna High Court L.P.A No.1545 of 2019 dt.21-02-2024 3/3 of learned Single Judge dated 21.10.2019 passed in CWJC No. 16996 of 2011.

6. Accordingly, the present LPA No. 1545 of 2019 stands dismissed.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.02.2024 Transmission Date NA