IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.802 of 2007 MD.ILIYAS ANSARI Versus THE STATE OF BIHAR & ORS ----------- 03. 19.09.2008 Heard learned counsel for the petitioner and the respondents. Petitioner wants a mandamus upon the respondents the Bihar State Sugar Corporation Ltd. to appoint him on a suitable post in a substantive capacity or to be made permanent in view of the fact that he has been working on casual basis since 1970. In the normal course of things there could be an occasion or even to remotely consider the prayer of the petitioner but in view of the two situations which arise, the Court has difficulty in passing any order on the prayer made by the petitioner. One is that the Corporation in question has become a defunct Corporation which is only existing on paper and no unit of the Corporation across the State of Bihar is functional or any activity is being carried out. With that position there is no occasion to burden the Corporation by asking them to make common appointment in view of the long association of the petitioner with the Corporation. The Court is also aware of a recent decision of the Hon`ble Supreme Court rendered in the case of Secretary, State of Karnataka and others v. Umadevi (3) and others, (2006) 4 SCC 1. - 2 - In view of constitutional Bench decision, that is an additional impediment in granting any relief to the petitioner, the writ application is dismissed in the above background. rkp (Ajay Kumar Tripathi, J)