IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1277 of 2010 IN CIVIL WRIT JURISDICTION CASE NO. 6868/2006 WITH INTERLOCUTORY APPLICATION NO. 7227 OF 2010 SHAILESH KUMAR SON OF LATE DADAN PRASAD, RESIDENT OF VILLAGE/MOHALLA MAHADEVA ROAD, POST OFFICE ARRAH, POLICE STATION- ARRAH TOWN, DISTRICT-BHOJPUR - APPELLANT (S) . Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER -CUM- SECRETARY, DEPARTMENT OF HEALTH, 3. NEW SECRETARIAT, BUILDING, PATNA. 4. THE DISTRICT MAGISTRATE, ARRAH. 5. THE ADDITIONAL DISTRICT MAGISTRATE, BHOJPUR, ARRAH. 6. THE CIVIL SURGEON CUM-CHIEF MEDICAL OFFICERS, BHOJPUR, ARRAH. 7. INCHARGE, MEDICAL OFFICER, SHAHPUR, BHOJPUR. 8. INCHARGE MEDICAL OFFICER, RAJPUR, BUXAR. 9. THE DISTRICT MALERIA OFFICER, BHOJPUR, ARRAH. 10. THE ADDITIONAL DISTRICT MALERIA OFFICERS, RAJPUR, BHOJPUR. - RESPONDENT(S). ============================================== Appearance : For the Appellant : Mr. GOURANGA CHATTERJEE Mr. S.K.TIWARY For the Respondent: A.A.G. 7 ============================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN 2 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 23.08.2010 Re. Interlocutory Application No. 7227 of 2010:- This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 48 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay in filing the Letters Patent Appeal is condoned. The Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1277 of 2010:- This appeal preferred under Clause 10 of the Letters Patent arises from the order dated 3rd March 2010 passed by the learned Single Judge in C.W.J.C. No. 6868 of 2006. C.W.J.C. No. 6868 of 2006 was filed by the father of the appellant to challenge the order of termination of his service made on 25th May, 1990. Learned Single Judge has recorded that the writ petitioner had served under the respondent from 1960 to 1964. He was again appointed on 13th September, 1980 and continued till 19th December 1980. Once again he was appointed afresh on 17th 3 January, 1990. Pursuant to the instruction issued by the State of Bihar on 30th April 1990, his service was terminated on 25th May, 1990. The challenge to the said order in the above writ petition has failed. Therefore, the present appeal. In our view, learned Single Judge has rightly held that the appointment of the petitioner in the year 1990 was a fresh appointment. With two long breaks in service, the petitioner’s service from 1960 to 1990 could not have been held to be continuous. Besides, challenge to the order of termination made on 25th May, 1990 in the writ petition filed in the year 2006, was barred by the principle of delay, laches and acquiescence. Learned Single Judge has rightly rejected the writ petition. We see no merit in the appeal. The appeal is dismissed in limine. Bibhash (R.M. Doshit, J.) (Jyoti Saran, J.)