IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1810 of 2011 In Civil Writ Jurisdiction Case No. 15118 of 2011 With Interlocutory Application No. 8156 of 2011 In Letters Patent Appeal No. 1810 of 2011 ====================================================== Lal Bahadur Yadav, S/O Late Laxmi Prasad Yadav, Resident of Village- Sattour Tola Barwahi, P.O- Narayanpur, P.S- Nauhatta, District- Saharsa. .... .... Petitioner/ Appellant Versus 1. The State of Bihar 2. The Principal Secretary, Human Resource Development Deptt., Govt of Bihar, New Secretariat Building, Patna. 3. The Special Secretary, Department of Primary Education, Govt. of Bihar, New Secretariat Building, Patna. 4. The Director of Primary Education, New Secretariat Building, Patna. 5. The District Superintendent of Education, Saharasa. 6. The Deputy Superintendent of Education, Saharsa. 7. Gajendra Prasad Yadav, S/o Late Raghuwar Prasad Yadav, Resident of Village- Sattour, P.O- Narayanpur, P.S- Nauhatta, District- Saharsa. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mahendra Pathak, Advocate. For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 30-11-2011 Re. Interlocutory Application No. 8156 of 2011: The delay of 23 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1810 of 2011: Feeling aggrieved by the order dated 28th April 2011 passed by the learned single Judge in above CWJC No. 15118 of 2010, the petitioner no. 1 has preferred this Appeal under Clause 10 of the Letters Patent. The appellant, a teacher in the Middle School, Sattour Patna High Court LPA No.1810 of 2011 (2) dt.30-11-2011 2 / 2 2 Narayanpur, Anchal Nauhatta, District- Saharsa filed the above CWJC No. 15118 of 2010 against the order dated 1st July 2010 made by the Director, Primary Education in respect of absorption of the service of the appellant pursuant to taking over of the management and control of the aforesaid school by the State Government. The writ petition CWJC No. 4941 of 1983 filed by the appellant in the same subject matter was earlier dismissed in 1994. M.J.C. No. 331 of 1994 filed by the appellant for restoration also came to be rejected on 28th September 2000. Once again the appellant filed CWJC No. 6242 of 2008 in the same subject matter. The said petition was withdrawn by the appellant to move the State Government. Pursuant to the representation made by the appellant, the Director, Primary Education made the impugned order dated 1st July 2010. The learned single Judge has dismissed the writ petition on the premise that once the earlier writ petition was dismissed and the application for restoration also was rejected, a fresh petition in the same subject matter did not lie. Moreover, the matter at issue has now become stale. Therefore, the present Appeal. We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)