High CourtsDivision Bench(2022) 07 PAT CK 0065

Ram Naresh Rai vs State Of Bihar

Patna High Court · Decided on 19 July 2022

HON’BLE JUDGES
P. B. Bajanthri, J · Rajiv Roy, J
RESULT
Dismissed
CASE NUMBER
Letters Patent Appeal No. 1216 Of 2019 In Civil Writ Jurisdiction Case No. 6750 Of 2015

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Judgment

7 paragraphs · 308 words
1.

Heard learned counsels for the parties.

2.

In the instant appeal, appellants have questioned the validity of order of the learned Single Judge dated 10.04.2019 passed in C.W.J.C No. 6750 of 2015.

3.

I.A. No. 01 of 2019 is for condonation of delay of about two months. For the reasons stated in the application and affidavit, delay stands condoned and I.A. No. 01 of 2019 stands allowed.

4.

With the consent of learned counsels for the respective parties, L.P.A is heard.

5.

Grievance of the appellants is that they are entitled to be appointed to the post of Panchayat Sevak/Secretary from the post of Dalpati from 20.8.1998, the date on which it is stated to have been sanctioned and created. The appellants were appointed on 3.6.2010, thereafter they were given posting. For retrospective appointment they had approached this Court in the year 2015. It is to be noted that there is no challenge to the initial appointment to the effect that appellants are entitled to retrospective appointment as and when the vacancy was created and sanctioned on 20.8.1998. In the absence of challenge to the order of appointment that it should have been from retrospective date on 20.8.1998 the appellants have not made out a case in seeking retrospective appointment. That apart, there is no explanation in respect of delay and laches for the reasons that they have invoked writ jurisdiction only in the year 2015 in respect of cause of action in the year 2010. Further, it is to be noted that no right is created in the appellants merely because the post Panchayat Sevak/Secretary was created and sanctioned on 20.8.1998.

7.

In the light of these facts and circumstances, no interference is called for in respect of learned Single Judge order dated 10.04.2019 passed in C.W.J.C No. 6750 of 2015.

8.

Accordingly, appeal stands dismissed.