IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1709 of 2011 In Civil Writ Jurisdiction Case No. 12426 of 2010 With Interlocutory Application No. 7857 of 2011 In Letters Patent Appeal No.1709 of 2011. ====================================================== Gopal Kumar Mukherjee, S/o Late Jitendra Nath Mukherjee, R/o Village- Dahiyawan, P.O. & P.S.- Chapra, District- Saran (Chapra) .... .... (Petitioner) ……….. Appellant Versus 1. The State of Bihar 2. The Chancellor, Universities of Bihar (J.P. University, Chapra), Raj Bhawan, Patna 3. The Officer on Special Duty (Judicial), Governor's Secretariat, Raj Bhawan, Patna 4. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 5. The B.R.A. Bihar University, Muzaffarpur through its Registrar 6. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur 7. The Registrar, B.R.A. Bihar University, Muzaffarpur 8. The J.P. University, Chapra, District- Saran through its Registrar 9. The Vice-Chancellor, J.P. University, Chapra, District- Saran 10. The Registrar, J.P. University, Chapra, District- Saran 11. The Principal, Ram Jaipal College, Chapra, District- Saran 12. Sri Ram Prasad Yadav, S/o (not known to the appellant) presently posted as Lecturer, Department of Economics, Ram Jaipal College, Chapra, District- Saran .... .... (Respondents) …….. Respondent/s ====================================================== Appearance : For the appellant : Mr. Shanti Pratap, Advocate. For the respondents-State: Mr. S. Raza Ahmad, AAG 9 and Mr. Anisul Haque, AC to AAG 9. For the respondents 5-7: Mr. Harendra Kumar Tiwary, Advocate For the respondents 8-10: Mr. Shivendra Kishore, Advocate. ====================================================== Patna High Court LPA No.1709 of 2011 (3) dt.22-11-2011 2 / 3 2 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 22-11-2011 Re. I.A. No. 7857 of 2011. This application under Section 5 of the Limitation Act is filed by the appellant for condonation of delay of 145 days occurred in filing the Letters Patent Appeal. It appears that against the order of the learned single judge, the appellant first approached the Hon’ble Supreme Court. He withdrew the proceedings before the Hon’ble Supreme Court and filed the present Letters Patent Appeal on 17th November 2011. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Re. LPA No. 1709 of 2011. Feeling aggrieved by the order dated 30th March 2011 made by the learned single Judge in CWJC No. 12426 of 2010, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. It appears that the appellant was first appointed in 1975 as a Lecturer under the respondent Ram Jaipal College, Chapra, then a private college. The management of the said college was taken over as a constituent college under the then Bihar University. At that time, the service of the appellant was not absorbed as an employee of the University. Feeling aggrieved, the appellant raised the dispute as late as in 1994 in CWJC No. 8670 of 1994. The said petition came to be dismissed on 1st September Patna High Court LPA No.1709 of 2011 (3) dt.22-11-2011 3 / 3 3 1995. The order of the learned single Judge was confirmed on 31st July 1996 by the Division Bench in LPA No. 1346 of 1995. Challenge to the said order before the Hon’ble Supreme Court also failed. The petition for Special Leave to Appeal (Civil) No. 21180 of 1996 came to be dismissed on 4th November 1996. Although the appellant lost the first round of litigation up to the Hon’ble Supreme Court, he was not satiated. He raised the issue again after eight years in CWJC No. 15846 of 2004. The learned single Judge by order dated 18th April 2008 allowed the appellant to withdraw the writ petition to approach His Excellency the Chancellor. It appears that His Excellency the Chancellor having considered the representation made by the appellant rejected the same under order dated 4th June 2010. Feeling aggrieved, the appellant filed the above CWJC No. 12426 of 2010. The same is rejected by the learned single Judge under the impugned order dated 30th March 2011. Therefore, the present Appeal. It is apparent that the appellant has abused the process of law by filing repeated writ proceedings in the same subject matter. The learned single Judge has rightly dismissed the writ petition. Further the appellant has been out of service since 1980 till the date and he is now nearing the age of superannuation. The appellant’s claim could not have been entertained at this belated stage. For the aforesaid reasons, the Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)