IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.972 of 2009 ***** Sirajuddin Ansari Son of Late Ibrahim Ansari, Resident of Mohalla-Siraj Villa, Bank Colony, Alamganj, P.S. Alamganj, District-Patna. …. …. Petitioner-Appellant Versus 1. The State of Bihar. 2. The Chief Secretary, Government of Bihar, Patna. 3. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 4. The Deputy Director, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 5. The Principal Secretary, Industry Department, Government of Bihar, Patna. 6. The Principal Secretary, Labour Resources Department, Government of Bihar, Patna. 7. The Infrastructure Development Authority represented through its Managing Director, First Floor Udyog Bhawan, East Gandhi Maidan, Patna. 8. The Managing Director, Infrastructure Development Authority, Udyog Bhawan, East Gandhi Maidan, Patna. 9. The Director Administration, Infrastructure Development Authority, Ist Floor Udyog Bhawan, East Gandhi Maidan, Patna. 10. Sri Akhalak Ahmad, at present working as Consultant Land Development, Infrastructure Development Authority, Ist Floor, East Gandhi Maidan, Patna. …. …. Respondent-Respondent ----------- For the Appellant : Mr. Shailesh Kumar Sharma, Advocate For the State : Mr. Rajesh Kumar, Government Pleader-VIII Mr. Ashutosh Singh, Assistant Counsel to Government Pleader-VIII ----------- 3. 29.1.2010. I.A. No.4675 of 2009: - It is an application for condonation of delay of one day. Having heard Mr. Shailesh Kumar Sharma, - 2 - learned counsel for the appellant and Mr. Rajesh Kumar, learned Government Pleader-VIII for the State, the delay in filing the appeal stands condoned. I.A. is accordingly allowed. L.P.A. No.972 of 2009: - As we have condoned the delay, we are inclined to take up the appeal for admission. The singular question that emanates for consideration in this appeal, whether the functionaries of the State Government have committed illegality in non- considering and later on refusing to release the petitioner to enable him to join the post of Consultant, Land Development in Infrastructure Development Authority. On a perusal of the order of the learned Single Judge, it is noticeable he has referred to Rule 16 of the Bihar Government Servants’ Conduct Rules, 1976, which lays a clear postulate that no employee can get released without prior permission of the State Government. Thus, when prior permission was not given the appellant cannot claim it as a matter of right. He is bound by the service Rules. - 3 - In view of the aforesaid, we do not perceive any merit in this appeal and accordingly the same stands dismissed. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)