IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1206 OF 2010 IN CIVIL WRIT JURISDICTION CASE NO.13710 OF 2006 WITH INTERLOCUTORY APPLICATION NO.6760 OF 2010 WITH INTERLOCUTORY APPLICATION NO.6759 OF 2010. =============================================== Tapeshwar Prasad Son of Late Ambika Prasad, resident of Mohalla- Bishunpur, Ram Lakhan Singh Path, Chitkohara, P.S.Gardanibagh, District-Patna - Appellant Versus 1. The State Of Bihar through the Industrial Development Commissioner, Bihar Patna 2. The Director, Department of Industry, Bihar, Patna – Respondent Ist set 3. The Bihar State Industrial Development Corporation through its Managing Director, Indira Bhawan, Patna Respondent no.2nd set. ================================================= Appearance : For the Appellant : Mr. Suresh Kumar For the Respondent NOS.1 & 2 : Mr. Binod Kumar, AC to SC –II For the respondent no.3 : Mr. Rajeev Ranjan Prasad, Advocate ================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 28.9.2010. Reg: I.A.No.6760 of 2010 & I.A.No.6759 of 2010. This appeal under Clause 10 of the Letters Patent is preferred by the writ petitioner against the judgment and order dated 22ndOctober 2008 passed by the learned Single Judge in C.W.J.C. No.13710 of 2006 after a delay of one year 241 days occurred in filing the appeal. The appellant, an Account Assistant in the Bihar State Industrial Corporation (hereinafter referred to as „the 2 Corporation‟) since 1974, was transferred to the State Government on 27th January 1998 on deputation. The appellant continued on deputation for more than ten years. On 9th October 2008 he was repatriated to the parent Corporation. Feeling aggrieved, he filed the above C.W.J.C. No.13710 of 2006 under Article 226 of the Constitution of India. By the impugned order dated 22nd October 2008, the learned Single Judge has dismissed the writ petition. Therefore, the present appeal. We have heard learned Advocate Mr. Suresh Kumar appearing for the appellant. He has submitted that the State Government has taken a policy decision not to repatriate the employees of the Government‟s Board/Corporation working in the State Service on deputation and to absorb them in Government Service. The appellant, therefore, had a right to continue in the Government Service. In support of his submission, learned Advocate has relied upon the judgment of this Court in the matter of the State of Bihar and Others Versus Gopal Prasad and Others [2003 (4) P.L.J.R. 459], particularly paragraph 11 thereof. The observation made by the Bench of this Court does not support the case of the appellant. On the contrary, the Court held; xxx“in absence of any such direction/ decision, no direction can be given for absorption of their services. The fact that the employees are not getting their salaries because the Corporation/Undertakings are sick is a different matter and on that ground the orders of the repatriation of the writ petitioner-respondents to their parent department cannot be held to be 3 invalid and impermissible in law nor the repatriation will amount to their dismissal for removal from service.” We are unable to agree with the submission of the learned Advocate. None of the documents relied upon by him lays down a policy decision as submitted by the learned Advocate. Besides the matter has become academic since the appellant has reached to the age of superannuation. Learned Advocate Mr. Rajeev Ranjan Prasad appears for the respondent no.3 the Bihar State Industrial Development Corporation. He has submitted that in view of the pending writ petition, the appellant continued in Government Service and did not join the Corporation on repatriation. Mr. Suresh Kumar has disputed the statement. Be that as it may, we see no merit in this appeal. Besides, the inordinate delay of one year and 241 days has not been satisfactorily explained. For the aforesaid reasons, the Interlocutory Applications and the appeal are dismissed. ahk (R. M. Doshit, CJ) (Jyoti Saran, J)