The Patna High Court dismissed a writ petition seeking re-employment. The court held that since the petitioner was retrenched in 1995, the matter is stale and an appropriate order cannot be passed.
Petitioner's prayer for re-employment dismissed on the ground of stale matter.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 5628 of 2011
====================================================== Suresh Jha, son of Late Rama Kant Jha, Resident of village – Sugaon, P.S. – Sugauli, District – East Champaran. .... .... Petitioner Versus 1. The State of Bihar 2. Chief Election Officer, Government of Bihar, 7, Mangals Road, Patna. 3. Assistant Chief Election Officer, Bihar-cum-under Secretary to Government, Bihar, 7, Mangals Road, Patna-15. 4. Deputy Election Officer, East Champaran, Motihari. 5. Deputy Secretary to Government, Personal and Administrative Reforms Department, Bihar, Patna. 6. Secretary to Government, Chief Secretary, Public grievances Cell, Cabinet Secretariate Department Bihar, Patna. 7. Deputy Secretary to Government, Chief Secretary, Public grievances Cell, Cabinet Secretariat Department of Bihar, Patna. 8. District Election Officer cum District Magistrate, East Champaran, Motihari. 9. Additional Collector, East Champaran, Motihari. 10. Sub-Divisional Magistrate, RAzaul, East Champaran. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Tara Nath Jha For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
The sole petitioner in sum and substance in the present writ petition has made a prayer for re-employment on the ground that he was retrenched while he had worked continuously for more than 240 days.
It is not in dispute that the petitioner was retrenched or restrained from functioning long back in the year 1995. In such stale matter, it would be difficult for this Court to pass any
Patna High Court CWJC No.5628 of 2011 (5) dt.03-08-2016
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appropriate order.
The writ petition stands dismissed.
(Rakesh Kumar, J.)
Anay
U
1 issue framed by the court
Whether the petitioner is entitled to re-employment after retrenchment in a stale matter dating back to 1995.
Suresh Jha
The State of Bihar
Chief Election Officer, Government of Bihar
Assistant Chief Election Officer, Bihar-cum-under Secretary to Government, Bihar
Deputy Election Officer, East Champaran
Deputy Secretary to Government, Personal and Administrative Reforms Department, Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
