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Judgment
Heard counsel for the appellant.
Perused the impugned order dated 22.04.2015 passed by
the learned Single Judge which has been appealed against since the
Writ Application was dismissed.
The appellant was appointed as a Private Secretary to
the Minister of Urban Development, Government of Bihar. In that
capacity he was allowed House No. M-3/35 vide Office Order No.
194/1995 in anticipation of approval of the Board of Directors of
P.R.D.A. on a purely temporary basis since the post the appellant held
was co-terminus with the Minister. Subsequently, vide resolution
dated 03.04.1997 the appellant had the privilege of being offered the
said house on hire-purchase basis. He was asked to deposit a sum of
Rs. 2,24,449/- within 30 days of the issuance of the letter. He
deposited only Rs. 25,000/- and looked forward to deposit the rest on
installments. Since it was not done, vide decision dated 08.06.2000,
the money of Rs. 25,000/- was returned and the allotment cancelled.
The Writ Application was filed initially but the Writ was permitted to
be withdrawn on the assurance that the P.R.D.A. would consider the
case of the appellant. No favourable order came to be passed.
Subsequently, the Vice Chairman of the erstwhile P.R.D.A. cancelled
the allotment on the basis of initiation of an eviction proceeding
which was Eviction Case No. 3/2000.
The learned Single Judge taking the facts into
consideration and the status and the right of the appellant dismissed
the Writ Application primarily for two reasons - firstly, that the status
of the appellant by virtue of his post attached to the Minister was co-
terminus with the office of the Minister and, secondly, that even if an
offer was made under the privileged position which the appellant held
then, he failed to avail of the same within a specified time which led
to the decision in question.
The facts being what they are, no right in favour of the
appellant was ever created. In fact, the appellant lost out a golden
opportunity of the privilege which landed in his laps by virtue of his
position rather than entitlement.
Appeal has no merit. It is dismissed.