IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1460 of 2011 In Civil Writ Jurisdiction Case No. 12297 of 2010 With Interlocutory application No. 7007 of 2011 In Letters Patent Appeal No. 1460 of 2011 ====================================================== Ram Naresh Prasad, S/O Late Heera Prasad, R/O Village- Dandaspur Shiv Tola, P.O.- Panditpur, Police Station- Janta Bazar, District- Saran (Chapra) .... .... Appellant/Appellant Versus 1. The State of Bihar through the Chief Secretary, Govt. Of Bihar, Patna 2. The Principal Secretary, Health and Family Welfare Department, Government of Bihar, Patna 3. The Director-In-Chief, Health Services, Bihar, Patna 4. The Regional Deputy Director, Health Services, Saran Division at Chapra 5. The District Magistrate, Saran at Chapra 6. The Civil Surgeon Cum Chief Medical Officer, Saran at Chapra 7. The Incharge Medical Officer, Additional Primary Health Centre, Jharkha, Block Amnour, District- Saran .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Umesh Kumar Mishra, Advocate. For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 08-12-2011 Re. Interlocutory application No. 7007 of 2011: The delay of 127 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Patna High Court LPA No.1460 of 2011 (4) dt.08-12-2011 2 / 3 2 Re. Letters Patent Appeal No. 1460 of 2011: Feeling aggrieved by the order dated 30th March 2011 made by the learned single Judge in above CWJC No. 12297 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant claims that by order dated 25th March 1986 made by the Civil Surgeon-cum-Chief Medical Officer, Gopalganj, he was appointed as a Dresser in the pay scale of Rs. 425-10-565/- and was posted in Barauli Block. He continued to serve as Dresser till 1999. Since 1999 the appellant did not report for duty on account of ill-health. After recovery, when he reported for duty in 2000 he was not allowed to join the duty. Repeated representations have not been answered. The learned single Judge has rejected the writ petition on the ground that the appointment of the appellant was contractual, a petition under Article 226 of the Constitution would, therefore, not lie. We have perused the appointment order issued in favour of the appellant. It is more than apparent that the order of appointment made by the Civil Surgeon-cum-Chief Medical Officer was made without following the due procedure and without the authority of law. The very appointment of the appellant being contrary to Articles 14 and 16 of the Constitution; the appellant having remained absent from service since 1st August 1999, and; now that the appellant is nearing the age of superannuation; the appellant is, in our view, not entitled to relief prayed for. The extra-ordinary jurisdiction conferred under Article 226 of the Constitution cannot be exercised to encourage Patna High Court LPA No.1460 of 2011 (4) dt.08-12-2011 3 / 3 3 illegal appointments made by the local offices without the authority of law and without following the due process. For the aforesaid reasons, Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)