IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.72 of 2011 In Civil Writ Jurisdiction Case No. 2375 of 2010 ====================================================== MUKESH KUMAR S/O LATE RAM DEO CHOUDHARY R/O VILLAGE BANGRI,P.O. BIRAHIMA BAZAR, P.S.BARURAJ,DISTT- MUZAFFARPUR ..PETITIONER … APPELLANT Versus 1. THE STATE OF BIHAR 2. THE SECRETARY CUM COMMISSIONER DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR, PATNA 3. THE REGIONAL DEPUTY DIRECTOR OF HEALTH SERVICES TIRHUT DIVISION,MUZAFFARPUR 4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER MUZAFFARPUR AT MUZAFFARPUR 5. THE INCHARGE MEDICAL OFFICER,PRIMARY HEALTH CENTRE PAROO,P.S.PAROO,DISTT-MUZAFFARPUR …….RESPONDENTS…..RESPONDENTS ====================================================== Appearance : For the Appellant/s : Mr. Rajan, Advocate For the Respondents : Mr Shashi Bhushan Kumar, SC 7 ==================================================== 5 16-09-2011 The father of the appellant was appointed in the year 1980 as a basic health worker. On account of illegality in the appointments made on large scale without following the procedure etc., termination of such appointments took place. From the order of the Writ Court it appears that so far as case of the appellant’s father is concerned, he was not a party either before the learned single Judge or before the Division Bench and he died on 30.4.2009. Had father of the petitioner been a party to any pending Patna High Court LPA No.72 of 2011 (5) dt.16-09-2011 2 case he could have sought for substitution in case the estate of the deceased was going to suffer in any manner but when the father of the appellant/ writ petitioner has not preferred any case in respect of termination of his appointment on the ground of illegality in appointment, it is difficult to differ from the views of the Writ Court that there is no merit in the writ petition. We find that no cause of action has arisen for the petitioner to file a writ petition. The appeal is, therefore, found to be without any merit. It is accordingly dismissed. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)