IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1709 of 2011
In
Civil Writ Jurisdiction Case No. 12426 of 2010
With
Interlocutory Application No. 7857 of 2011
In
Letters Patent Appeal No.1709 of 2011.
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Gopal Kumar Mukherjee, S/o Late Jitendra Nath Mukherjee, R/o Village-
Dahiyawan, P.O. & P.S.- Chapra, District- Saran (Chapra)
.... .... (Petitioner) ........... Appellant
Versus
1. The State of Bihar
2. The Chancellor, Universities of Bihar (J.P. University, Chapra), Raj
Bhawan, Patna
3. The Officer on Special Duty (Judicial), Governor's Secretariat, Raj
Bhawan, Patna
4. The Principal Secretary, Human Resources Development Department,
Government of Bihar, Patna
5. The B.R.A. Bihar University, Muzaffarpur through its Registrar
6. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur
7. The Registrar, B.R.A. Bihar University, Muzaffarpur
8. The J.P. University, Chapra, District- Saran through its Registrar
9. The Vice-Chancellor, J.P. University, Chapra, District- Saran
10. The Registrar, J.P. University, Chapra, District- Saran
11. The Principal, Ram Jaipal College, Chapra, District- Saran
12. Sri Ram Prasad Yadav, S/o (not known to the appellant) presently
posted as Lecturer, Department of Economics, Ram Jaipal College, Chapra,
District- Saran .... .... (Respondents) ........ Respondent/s
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Appearance :
For the appellant : Mr. Shanti Pratap, Advocate.
For the respondents-State: Mr. S. Raza Ahmad, AAG 9 and
Mr. Anisul Haque, AC to AAG 9.
For the respondents 5-7: Mr. Harendra Kumar Tiwary, Advocate
For the respondents 8-10: Mr. Shivendra Kishore, Advocate.
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2 Patna High Court LPA No.1709 of 2011 (3) dt.22-11-2011
2/3
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER(Per: HONOURABLE THE CHIEF JUSTICE)
3 22-11-2011 Re. I.A. No. 7857 of 2011.
This application under Section 5 of the Limitation
Act is filed by the appellant for condonation of delay of 145 days
occurred in filing the Letters Patent Appeal.
It appears that against the order of the learned single
judge, the appellant first approached the Hon’ble Supreme Court.
He withdrew the proceedings before the Hon’ble Supreme Court
and filed the present Letters Patent Appeal on 17 th November
2011.
On the facts and in the circumstances of the case, the
delay is condoned.
Interlocutory Application stands disposed of.
Re. LPA No. 1709 of 2011.
Feeling aggrieved by the order dated 30th March
2011 made by the learned single Judge in CWJC No. 12426 of
2010, the writ petitioner has preferred this Appeal under Clause 10
of the Letters Patent.
It appears that the appellant was first appointed in
1975 as a Lecturer under the respondent Ram Jaipal College,
Chapra, then a private college. The management of the said
college was taken over as a constituent college under the then
Bihar University. At that time, the service of the appellant was not
absorbed as an employee of the University. Feeling aggrieved, the
appellant raised the dispute as late as in 1994 in CWJC No. 8670
of 1994. The said petition came to be dismissed on 1st September
3 Patna High Court LPA No.1709 of 2011 (3) dt.22-11-2011
3/3
1995. The order of the learned single Judge was confirmed on 31 st
July 1996 by the Division Bench in LPA No. 1346 of 1995.
Challenge to the said order before the Hon’ble Supreme Court also
failed. The petition for Special Leave to Appeal (Civil) No. 21180
of 1996 came to be dismissed on 4th November 1996.
Although the appellant lost the first round of
litigation up to the Hon’ble Supreme Court, he was not satiated.
He raised the issue again after eight years in CWJC No. 15846 of
2004. The learned single Judge by order dated 18 th April 2008
allowed the appellant to withdraw the writ petition to approach His
Excellency the Chancellor. It appears that His Excellency the
Chancellor having considered the representation made by the
appellant rejected the same under order dated 4th June 2010.
Feeling aggrieved, the appellant filed the above CWJC No. 12426
of 2010. The same is rejected by the learned single Judge under
the impugned order dated 30th March 2011. Therefore, the present
Appeal.
It is apparent that the appellant has abused the
process of law by filing repeated writ proceedings in the same
subject matter. The learned single Judge has rightly dismissed the
writ petition. Further the appellant has been out of service since
1980 till the date and he is now nearing the age of superannuation.
The appellant’s claim could not have been entertained at this
belated stage.
For the aforesaid reasons, the Appeal is dismissed in
limine.
(R.M. Doshit, CJ)
Dilip. (Birendra Prasad Verma, J)