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2013 DIGILAW 1120 (PAT)

BAL MUKUND SHARMA v. KAMESHWAR SINGH DARBHANGA SANSKRIT UNIVERSITY

2013-09-13

MIHIR KUMAR JHA

body2013
ORAL ORDER No one appears for the petitioner. 2. Learned counsel for the Kameshwar Singh Darbhanga Sanskrit University as also learned counsel for the State while opposing the prayer of the petitioner in this writ application have relied on a order of the learned Single Judge dated 05.01.2011 passed in C.W.J.C NO. 5658 of 2010 (Shyam Sundar Jha vs The State of Bihar) and its affirmance in the order dated 29.07.2013 passed in L.P.A No. 385 of 2011, wherein, it has been held that a Ward Servant seeking regularization of service as also payment of salary would not be entitled for any relief on account of inordinate delay, relevant portion of the order of the Division Bench reads as follows:- "The appellant joined the service in 1982 as a Ward Servant in Rajeshwar Thakur Sanskrit College Goddhiyari, Raghopur, Darbhanga. He seeks regularisation of his service pursuant to a decision of this Court rendered in 2003. The learned single Judge has rejected the writ petition on the grounds of delay and laches. Therefore, this Appeal We agree with the learned single Judge. Appeal is dismissed in limine." 3. From the reading of the writ application, it would be clear that the case of the petitioner is squarely covered, inasmuch as, he too claims to be appointed on the post of Ward Servant in the year 1981 and has filed this writ application on 02.09.2013 for the same relief which was found inadmissible both by the learned Single Judge and the Division Bench. 4. That being so, this application is wholly misconceived and is, accordingly, dismissed.