IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17225 of 2009 1. SHYAMA NAND MISHRA S/O SHRI SHARDA NAND MISHRA R/O VILL KHARAJPUR, PS.BAHADURPUR,DISTT-DARBHANGA(BIHAR) Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH GOVERNEMENT OF BIHAR, PATNA 2. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES DARBHANGA DIVISION, DARBHANGA 3. THE CIVIL SURGEON-CUM -CHIEF MEDICAL OFFICER MADHUBANI ----------- 02/ 02.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner was appointed on the post of Clerk in the year, 1989. He was terminated from his service along with 40 other persons vide order dated 10.2.1998. The termination order was not challenged by the petitioner before any forum. For the first time he has filed this writ application challenging the termination order, on the ground that other similarly situated persons, earlier terminated by some order had challenged their termination order and that was quashed by judgment and order passed in C.W.J.C. No. 6575 of 2009 and analogous cases. Appointment on a post is an individual right. In case termination order is issued and that remained unchallenged by one, but challenged by other, the relief allowed to the person challenging the termination order, - 2 - within reasonable time cannot be allowed to other, who preferred not to challenge it. Otherwise also the writ application filed by the petitioner is not maintainable on account of undue and unexplained delay. This application is dismissed. DKS/ (Mridula Mishra, J.)