Dismissed¶31

Qyamruddin Ansari v. The State of Bihar

Patna HC21 Feb 2024L.P.A/1545/2019

Case brief

AI extract

What is this about?

Regularisation of services refused where ad hoc Class IV appointment (29.10.1986) ended in termination (30.07.1998) that was never challenged and reinstatement not sought; appellant failed to show error in Single Judge's order of 21.10.2019 in CWJC No. 16996 of 2011; LPA No. 1545 of 2019 dismissed by Patna High Court on 21-02-2024; one-day filing delay condoned via I.A. No. 01 of 2023; Rural Works Department, Government of Bihar; Nalanda; oral judgment per P. B. Bajanthri with Alok Kumar Pandey.

What did the court decide?

No relief to the appellant: the LPA was dismissed and no interference with the learned Single Judge's order dated 21.10.2019 was made; the only allowance was condonation of the one-day filing delay (I.A. No. 01 of 2023 allowed). ¶31

Qyamruddin Ansari Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the one-day delay in filing LPA No. 1545 of 2019 should be condoned (I.A. No. 01 of 2023). +1 more

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Court's answer

The one-day delay in filing LPA No. 1545 of 2019 is condoned for the reasons stated in the application and affidavit; I.A. No. 01 of 2023 stands allowed.

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Ratio / Principle

There is no challenge to the order of termination dated 30.07.1998; in the absence of challenge to the termination order and reinstatement into service, regularisation of the appellant's services is not warranted.

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Key takeaways

The appellant failed to apprise this Court of any error committed by the learned Single Judge while passing the order on 21.10.2019 in CWJC No. 16996 of 2011.ratio¶25
The appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 21.10.2019 passed in CWJC No. 16996 of 2011.ratio¶26
The present LPA No. 1545 of 2019 stands dismissed.ratio

Detailed headnote1 paragraphs

Patna High Court (per P. B. Bajanthri, J.; bench included Alok Kumar Pandey, J.; judgment dated 21-02-2024, NAFR) dismissed Letters Patent Appeal No. 1545 of 2019 (Qyamruddin Ansari v. The State of Bihar and officers of the Rural Works Department). The appellant, stated to have been appointed on ad hoc basis against Class IV on 29.10.1986, had his services terminated on 30.07.1998. The Division Bench found no challenge to the termination order and no claim of reinstatement, held that in those circumstances regularisation of the appellant's services was not warranted, noted that the appellant had failed to identify any error in the learned Single Judge's order dated 21.10.2019 in CWJC No. 16996 of 2011, and concluded that no case existed for interfering with that order. A one-day delay in filing the LPA was condoned (I.A. No. 01 of 2023 allowed).

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1545 of 2019 In

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Civil Writ Jurisdiction Case No.16996 of 2011

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======================================================

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Qyamruddin Ansari S/o Late Abdul Qayum Ansari Resident of VillageDiwan, P.s.- Karai Parsurai, Distt.- Nalanda

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... ... Appellant/s

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Versus

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The State of Bihar Bihar.

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

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

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

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

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

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

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Shashi Chandra Pandey, Advocate For the Respondent/s : Mr.Pushkar Narain Shahi (Aag6) ======================================================

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and

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HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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Date : 21-02-2024

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Patna High Court L.P.A No.1545 of 2019 dt.21-02-2024 2/3

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Re: I.A. No. 01 of 2023

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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.

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

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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.

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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.

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

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Patna High Court L.P.A No.1545 of 2019 dt.21-02-2024 3/3

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of learned Single Judge dated 21.10.2019 passed in CWJC No.

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16996 of 2011.

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

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dismissed.