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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.259 of 2022 In Civil Writ Jurisdiction Case No.3172 of 2022 ======================================================
1. Ajay Kumar S/o Kuldip Yadav @ Kuldip Prasad Yadav Resident of Village- Orro, P.S.- Hisua, District- Nawada.
2. Kuldip Yadav @ Kuldip Prasad Yadav S/o Late Gulab Yadav, Resident of Village- Orro, P.S.- Hisua, District- Nawada. ... ... Appellant/s Versus
1. The State of Bihar through Commissioner-cum- Secretary, Department of Home Special, Government of Bihar, Patna.
2. The Commissioner-cum- Secretary, Department of Home Special, Government of Bihar, Patna.
3. The Commissioner, Magadh Division, Gaya.
4. The District Magistrate, Nawada.
5. Appointment Committee for Chowkidar through its President, Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Durgesh Nandan, Advocate For the Respondent/s : Mr.P.K. Verma (AAG 3) Mr. Sanjay Kumar Ghosarvey, AC to AAG-3 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 04-02-2025 One Kuldip Yadav, a serving Chowkidar, in accordance with the extant rule, resigned from his post before his retirement, so that his son Ajay Kumar could be accommodated.
2. Ajay Kumar, the appellant could not be accommodated on the post of Chowkidar in place of his
Patna High Court L.P.A No.259 of 2022 dt.04-02-2025 2/2 father for the reason of his being a minor at that time. This was the reasoning of the learned Single Judge while dismissing the claim of the appellant.
3. We are afraid, there is no merit in this appeal. We have restrained ourselves from imposing cost only for the reason that the appellant could not obtain service despite his father having resigned before his age of superannuation.
4. The appeal stands dismissed.
5. Interlocutory application, if any, shall also stand closed.
Sujit/Krishna (Ashutosh Kumar, ACJ) (Partha Sarthy, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 05.02.2025 Transmission Date