IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.820 of 2011 (Arising out of C.W.J.C. No. 2399 of 2008) Sita Ram Rai son of Sri Anand Rai, Resident of village- Bhagwanpur Desu (Bhola Tola), P.S.-Ujairpur, District-Samastipur… ….Petitioner-Appellant. Versus 1. The State Of Bihar. 2. The Secretary, Department of Animal Husbandry and Fisheries, Govt. of Bihar. 3. The Director, Department of Animal Husbandry, Govt. of Bihar. 4. The Deputy Director, Department of Animal Husbandry, Govt. of Bihar. 5. Regional Director, Department of Animal Husbandry, North Zone, Muzaffarpur…………………………………Respondent 1st set-Respondents. 6. Sri Ramadhar Ram, son not known to the petitioner, at present posted as a Technician in the office of Project Officer, Himankit Sukrakosh, near the office of Regional Director, Animal Husbandry, North Zone, Muzaffarpur. 7. Sri Amarnath Swarnkar, son of not known to the petitioner, resident of mohalla- Md. Rustam Ki Gali, Patna City, P.O.-Patna City, P.S.-Chowk, District-Patna at present posted as a clerk in the office of Block Animal Husbandry Officer, Gohan Go Vikash Prakhand Aurai, Muzaffarpur…………… …….Respondents 2nd set. ----------- 2. 24.8.2011 Heard learned counsel for the appellant, learned counsel for the State and perused the order of the Writ Court. Learned counsel for the appellant has submitted that supplementary counter affidavit in this appeal filed today would show that some persons who were allegedly junior to the appellant were regularized or appointed on class-III post by the order of Regional Director of Animal Husbandry, Muzaffarpur dated 3.11.1990 and 29.12.1990. Admittedly, the appellant claims to have been appointed on temporary basis only for a period of six months in the year 1989. Learned counsel for the appellant submitted 2 that the appellant was actually disengaged in the year 1994. Even if that be accepted, the writ petition filed for regularization in the year 2008 has been rightly dismissed because there was no continuous working for more than 10 years to warrant consideration of appellant’s case for regularization in terms of Constitution Bench judgment of the Apex Court in the case of the Secretary, State of Karnataka & others Vs. Umadevi (III) & others reported in (2006) 4 SCC 1. Further the writ petition was definitely belated and raised a belated claim. We find no merit in this appeal. It is accordingly dismissed. Mkc/ (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)