Md. Abdul Jabbar @ Md. Abdul vs State Of Bihar And Ors

Heard the parties.

The appellant is aggrieved by the order dated 01.10.2018 passed in C.W.J.C. No. 7999 of 2018 by which and whereunder learned Single Judge

dismissed the above stated C.W.J.C. No. 7999 of 2018 on the ground of delay and laches as well as on merit.

The appellant filed above stated C.W.J.C. No. 7999 of 2018 seeking issuance of writ of mandamus to direct the concerned authorities to redress the

grievance of the appellant regarding his regularisation of service in light of memo No. 60 dated 8.1.2018. The appellant was retrenched from the

service in the year 1988 and after retrenchment, he prayed before concerned authorities to regularise his service in the light of decision of the

Government but no decision was taken on the representation of the appellant as yet, thereafter, he approached this Court, firstly, in the year 2010 by

filing C.W.J.C. No. 13990 of 2010 but, subsequently, he withdrew the aforesaid writ petition with liberty to pursue his case before appropriate forum.

However, in the year of 2018, the concerned Chief Engineer sought an explanation from his juniors as to why the matter of the appellant is still

pending and as to under which circumstances the services of juniors to the appellant have been regularised.

The appellant again filed C.W.J.C. No. 7999 of 2018 but the said writ petition stood dismissed passing the impugned order.

Learned counsel appearing     for the appellant submits that the learned Single Judge failed to take note of this fact that the appellant had not

prayed before this Court for regularisation of his service rather he had only prayed for issuance of direction to concerned authorities to pass

appropriate order on the representation petition of the appellant.

On the other hand, learned counsel appearing for State submits that the appellant came before this Court for regularisation of his service after more

than 30 years and, moreover, admittedly, presently, appellant is not in service and, therefore, the question of regularisation of the service does not

arise.

Having heard the contentions of the parties, we went though the records.

It is admitted position that the appellant was retrenched from service in the year 1988 and uptill now, the matter of regularisation of service of

appellant is pending before the competent authorities and no order has been passed on the representation of the appellant as yet.

Therefore, in the aforesaid circumstance, this Letters Patent Appeal stands disposed of with direction to respondents, particularly, respondent No. 8 to

dispose of the representation, if any, of the appellant in accordance with law within three months from the date of receipt / production of copy of this

order and in the aforesaid manner the impugned order dated 1.10.2018 passed in C.W.J.C. No. 7999 of 2018 stands modified to the above extent.