IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8994 of 2006 BHARAT PRASAD, aged about 48 years, son of late Rama Gope, resident of Mohalla- Kumharar, P.S. Agam Kuan, District- Patna… Petitioner. Versus 1. THE STATE OF BIHAR 2. Secretary, Health (Medical Education) & Family Welfare, Government of Bihar, Patna. 3. Joint Secretary, Health, Medical Education & Family Welfare, Government of Bihar, Patna. 4. Deputy Secretary, Health, Medical Education & Family Welfare, Government of Bihar, Patna. 5. Deputy Director, Health Service (Transport) Gulzarbagh, Patna. 6. Principal, Nalanda, Medical College, Patna. 7. District magistrate, Patna. .. respondents. ---------- 2. 13.08.2010 No appears for the petitioner. Counsel for the State is present. The following prayer of the petitioner in this writ petition (i) to issue an order/orders, direction/directions or writ in the nature of mandamus directing the respondent no. 5 to 7 to pay the salary of Driver in the pay scale of Rs.480-680 to the petitioner with effect from 30.7.1986 in view Annexure 4 and 5.” would simply not be admissible because his initial appointment even on temporary basis was as a cleaner in a mobile van of Nalanda Medical College. Subsequently, the services of the petitioner were actually absorbed on the post of Darwan by an order dated 13.4.1998 and the petitioner having accepted such 2 absorption and continued at least for eight years before filing of this writ petition on 27.7.2006 cannot be allowed to turn around to claim the post of driver simply because he also possesses a driving licence. That being so, this writ petition is wholly misconceived and is accordingly dismissed. kanchan/ ( Mihir Kumar Jha, J.)