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Patna High CourtCWJC/359/2025dismissed

Shambhu Thakur v. The State Of Bihar

2025-01-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.359 of 2025 ====================================================== Shambhu Thakur Son of Late Bujhavan Thakur Resident of VillageNarayanpur Ward no.02, P.O.-Dumra P.S.-Dumra, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Govt. of Bihar, Patna.

2.

The Director, Health Department, Govt. of Bihar, Patna. 3.

The Principal Secretary, Department of Finance, Govt. of Bihar, Patna. 4.

The District Magistrate Sitamarhi, District-Sitamarhi. 5.

The Civil Surgeon Cum Chief Medical Officer District-Sitamarhi 6.

The Accountant General of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ziaul Quamar, Advocate For the State :

Mr. Manoj Kumar Yadav, A.C. to G.A.-10 For the A.G.

:

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General.

2. The present Writ Petition has been filed seeking a direction to the respondents concerned to grant the petitioner seniority based on his respective position in the panel prepared for his appointment and to provide all consequential benefits, including time-bound promotion, seniority in appointment, and eligibility for the old pension scheme.

3. Learned counsel for the State raised a preliminary

Patna High Court CWJC No.359 of 2025(2) dt.23-01-2025 2/2 objection and submitted that, from the submissions made in paragraph 8 of the Writ Petition, it appears that the petitioner joined as a 4th Grade employee at Referral Hospital, Majorganj, Sitamarhi, and after 10 years of service, he retired on 31.01.2016 from the C.S. Office, Sitamarhi, in the post of Paricharak (peon). However, after a lapse of about 9 years, he has approached this Court demanding seniority. Furthermore, the petitioner has never filed any representation in this regard, as can be seen from the annexures attached to the Writ Petition.

4. From the pleadings above, it transpires to this Court that the petitioner's claim is extremely belated. Therefore, this Court is not inclined to grant any relief.

5. Accordingly, the present Writ Petition stands dismissed.

(Dr. Anshuman, J) Ashwini/- U