IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.139 of 2010 DR.SUNIT KUMAR MISHRA Son of Late Pandit Radha Mohan Mishra, resident of Mohalla-Shivpuri, P.O.and P.S. Shastri Nagar, Patna-23, District-Patna. Versus 1.THE STATE OF BIHAR through the Commissioner-Cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 2.The Commissioner-Cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 3.Magadh University, Bodh Gaya, District- Gaya, through its Registrar. 4.The Vice-Chancellor, Magadh University, Bodh Gaya, District Gaya. 5.The Finance Officer, Magadh University, Bodh Gaya, District Gaya. 6.The Principal, Ganga Devi Mahila Mahavidyalaya, Lohia Nagar, Kankarbagh, Patna-20. ----------- 2 27/1/2010 I.A. No.675/2010. This is an application for condonation of delay of 29 days. We have heard Mr. Panditjee Pandey, learned counsel for the appellant, Mr. Yugal Kishore, learned counsel for the University and Mr. Rakesh Prabhat, learned counsel for the State. Regard being had the facts and circumstances of the case, we are inclined to allow the application for 2 condonation of delay after perceiving the grounds in preferring the appeal and accordingly so ordered. The I.A. stands allowed. L.P.A. No.139 of 2010. As we have condoned the delay, we thought it apt to advert on the merits of the appeal. With the consent of learned counsel for the parties it is finally heard. The singular grievance that was agitated before the learned Single Judge is that the appellant is entitled to be absorbed as Lecturer in the department of Economics in Ganga Devi Mahila Mahavidyalaya, Kankarbagh, Patna. The learned Single Judge after considering the grounds had dismissed the writ application. The stand taken thereunder and the manner in which the application has been dealt with, is as under:- “A person, who had joined another service without taking permission of the earlier employer, cannot claim any right on the post which he claimed to be working earlier. I do not find the petitioner has been left with any claim or right for being considered for regularization/absorption on the post. In the eyes of law, he is not continuing on the post since 1992.” 3 We feel it not necessary to deal with the facts in detail except the fact that the appellant has left the service and joined another employer. Submission of learned counsel for the appellant is that he had filed an application. Mr. Yugal Kishore, learned counsel appearing on behalf of the University has submitted that his application was not dealt with. It is thus quite clear that the appellant left the service to join another employer without prior permission. In view of aforesaid, question of absorption with the erstwhile employer does not arise. In the result, we do not find any merit in the appeal. Accordingly, the same stands dismissed without any order as to costs. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)