IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.340 of 2011 IN CIVIL WRIT JURISDICTION CASE No. 20241 of 2010 WITH INTERLOCUTORY APPLICATION No. 1467 of 2011 IN LETTERS PATENT APPEAL No.340 of 2011 ==================================================== Jawahar Lall son of Late Anandi Prasad Yadav, resident of Maloudha, P.S. Sonebarha, Dsitrict-Saharsa at present posted as Chief Engineer, Bihar State Hydro Electric Power Corporation, Sone Bhawan, Virchand Patel Path, Patna. …. …. Petitioner-Appellant Versus 1. Bihar State Hydroelectric Power Corporation through its Managing Director, Sone Bhawan, Veerchand Patel Pathal, Patna. 2. Managing Director, Bihar State Hydroelectric Power Corporation, Sone Bhawan, Veerchand Patel Pathal, Patna. 3. The State of Bihar through the Principal Secretary, Department of Energy, Government of Bihar, Patna. 4. The Principal Secretary, Department of Energy, Government of Bihar, Patna. 5. Development Commissioner, Government of Bihar, Patna. …. …. Respondents-Respondents ==================================================== Appearance : For the Appellant : Mr. Y.V. Giri, Senior Advocate with Mr. Raju Giri, Advocate For the Respondent: Mr. Rishiraj Sinha, GP-19 with Mr. Rakesh Kumar, Advocate Mr. Rajeev Shekhar, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 23.2.2011. This Appeal preferred under Clause 10 of the Letters Patent arises from the common judgment and order dated 20th January 2011 passed by the learned single Judge insofar as C.W.J.C. No. 20241 of 2010 filed by the appellant has been dismissed. The appellant is a Chief Engineer in the - 2 - respondent Bihar State Hydroelectric Power Corporation (hereinafter referred to as “the Corporation”). The appellant claims appointment as the Managing Director- cum-Chairman of the Corporation by convention. It is the claim of the appellant that it had been consistent practice of the Corporation to appoint the senior most Chief Engineer/Dy. Chief Engineer as the Managing Director-cum-Chairman of the Corporation. However, in deviation of the said long standing practice on 7th September 2009 the State Government advertised the post of Managing Director-cum-Chairman of the Corporation. Feeling aggrieved the appellant filed C.W.J.C. No. 13372 of 2009 under Article 226 of the Constitution. The learned single Judge, under the judgment and order dated 12th October 2009, rejected the claim of the appellant. The learned single Judge referred to the Memorandum of Association of the Corporation to hold that the Managing Director would be appointed by the State Government and that it was not an ex-cadre post to be filled in by promotion. It is also not a post which is to be filled in ex-officio. The learned single Judge held that the appellant has no right of appointment as the Managing Director-cum-Chairman of the Corporation. The said view of the learned single Judge was upheld by the Division Bench in Letters Patent Appeal No. 1370 of 2009. In its order dated 20th November 2009 the Bench observed that, “issuance of advertisement is within the power of the Government and there is no legal right in the appellant/the writ petition to claim the post of Managing Director only - 3 - by virtue of past practices”. Having agreed with the view expressed by the learned single Judge the Bench was pleased to dismiss the appeal. Nevertheless, it was observed that the appellant may make representation to the concerned authority but the authorities would consider such representation on its own merits. Pursuant to the said observation the appellant did make a representation. As the said representation was not decided, he again came before this Court in C.W.J.C. No. 4108 of 2010. The said petition came to be disposed of on 22nd March 2010 with a direction to the State Government to decide the representation in accordance with law as early as possible, in any case within a period of two months. Once again the appellant came before this Court in above C.W.J.C. No. 20241 of 2010. Pending the said writ petition the representation made by the appellant was rejected by the State Government on 22nd December 2010. It was held that the post of Managing Director is not a promotional post and that the appellant had not applied in pursuance of the advertisement. In view of the said order the learned single Judge dismissed the writ petition. Therefore, the present Appeal. Learned Counsel Mr. Y.V.Giri has appeared for the appellant. He has relied upon the Articles of Association of the Corporation. He has submitted that under the Articles of Association of the Corporation the post of Chairman-cum-Managing Director is required to be filled in by the Governor. Hence the competent authority was the Governor; the State of Bihar could not have rejected the representation made by the appellant. - 4 - He has also submitted that in view of long standing convention the appellant had right to be appointed as Managing Director-cum-Chairman of the Corporation. The appellant is entitled to such promotion also on the principle of “legitimate expectancy”. We have perused the pleadings. The appellant has not set up the plea on the principle of “legitimate expectancy”. In any view of the matter, the claim of the appellant had already been rejected in the earlier writ petition being C.W.J.C. No. 13372 of 2009. The decision was upheld by the Division Bench in L.P.A. No. 1370 of 2009. Any claim contrary to the decision of the Letters Patent Bench is barred by the principle of res judicata. The only concession given by the Bench was permitting the appellant to make representation. The said representation has been turned down for cogent reasons. In our view, the learned single Judge has rightly dismissed the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Interlocutory Application No. 1467 of 2011 stands disposed of. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)