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Patna High Court

Ranjeet Kumar @ Ranjit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appellant is not entitled to the appointment and the appeal is dismissed for lack of merit.

Summary

Ranjeet Kumar, who worked as a contractual Amin for the District Bhoodan Yagya Committee between 2004 and 2007, filed a writ petition seeking regular appointment to the same post, relying on a 2009 recommendation letter. Earlier, the petitioner had approached the court in 2015, was granted liberty to pursue alternative remedies, withdrew the petition, and subsequently filed applications before the District Magistrate, which were rejected. The Single Judge dismissed the writ petition, finding no merit in granting a regular appointment based solely on past contractual service. On appeal, the High Court examined whether the petitioner was entitled to the appointment and whether the writ petition was maintainable after the earlier liberty. The Court concluded that past contractual service does not create a right to regular appointment and that there was no illegality or perversity in the lower court’s order. Consequently, the appeal was dismissed for lack of merit.

Issues considered

  • Whether the petitioner is entitled to regular appointment as Amin in the District Bhoodan Yagya Committee based on his prior contractual service.
  • Whether the writ petition is maintainable after the petitioner was previously granted liberty to seek alternative remedies.

Subjects

  • appointment
  • public service
  • writ jurisdiction
  • letters patent appeal
  • contractual employment
  • alternative remedy
  • maintainability

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Letters Patent Appeal No.605 of 2025
                                        In
                  Civil Writ Jurisdiction Case No.6183 of 2025
     ======================================================
     Ranjeet Kumar @ Ranjit Kumar son of Sukhdeo Das, Resident of Village-
     Lattipur, P.S.-Bihpur, District-Bhagalpur.

                                                                  ... ... Appellant/s

                                         Versus

1.   The State of Bihar.
2.   The District Magistrate, Bhagalpur.
3.   The Additional Collector, Bhagalpur.
4.   The Bihar Bhoodan Aogya Committee Gardanibagh Road No. 34, Patna
     through its Chairman.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s     :      Mr. Dhirendra Singh, Advocate
     For the Respondent/s    :      Mr. Additional Advocate General (12)
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE SUDHIR SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)
     Date : 12-01-2026
                This Letters Patent Appeal has been filed challenging

      the order dated 24.04.2025 passed in C.W.J.C. No. 6183 of

      2025. The writ petition was filed by the appellant with the

      following prayers:

                                 (i) For issue an appropriate writ in the
                      nature of writ/ writs, order/ orders, direction/
                      directions commanding the respondents to make
                      appointment of the petitioner on the post of A min
                      in the office of District Bhoodan Yagya Committee
Patna High Court L.P.A No.605 of 2025 dt.12-01-2026
                                             2/4




                          Bhagalpur as petitioner has already worked as a
                          Amin in the said office from 06.01.2024 to
                          07.07.2007.
                                       (ii) To direct the respondent appoint the
                          petitioner on the post of Amin by virtul of letter no.
                          2342 dated 22/10/2009 issued by the Respondent
                          no.3 (Annexure-5) series by which the name of the
                          petitioner was recommended for appointment but
                          the same was not complied with.
                                       (iii) To grant any other relief or reliefs
                          for which the petitioner is found entailed.



                      2. The learned Single Judge, after hearing learned

         counsel for the appellant as well as the respondent, came to hold

         as follows:-

                                       "4. Notwithstanding the liberty accorded
                          to the petitioner by this Court to avail the
                          alternative remedy when the petitioner approached
                          before the concerned authorities of the Bhoodan
                          Yagya Committee, his claim was not considered in
                          the right perspective and it stood rejected, hence,
                          the petitioner preferred the present writ petition.
                                       5. Learned Advocate for the Bhoodan
                          Yagya Committee has taken this Court through the
                          order passed in the earlier round of litigation and
                          submitted that the Court on being found no merit in
                          the writ petition, has given liberty to the petitioner
                          to avail alternative remedies and, in fact, the writ
Patna High Court L.P.A No.605 of 2025 dt.12-01-2026
                                             3/4




                          petition stands dismissed as not pressed; hence, in
                          any circumstances the present writ petition is not
                          maintainable. Moroever, the petitioner has worked
                          only for few years, that too in the year 2004 to
                          2007 and now the present writ petition came to be
                          filed after such a belated stage.
                                       6. Considering the submissions advanced
                          on behalf of learned Advocate for the parties, this
                          Court does not find any merit in the present writ
                          petition, accordingly the writ petition stands
                          dismissed.
                                       7. It is suffice to observe that the
                          petitioner had already been accorded liberty in the
                          earlier round of litigation, hence no further order
                          is required."



                      3. From the averments made in the writ petition, it

         appears that the petitioner worked for a few years between 2004

         and 2007. Thereafter, he approached this Court in C.W.J.C. No.

         12139 of 2015, which was disposed of on 25.08.2023. The

         learned counsel for the appellant withdrew the said writ petition

         to avail of the alternative remedy. It is submitted that, for

         availing such remedy, petitions were filed before the District

         Magistrate, Bhagalpur on 07.09.2023 and also on 28.11.2023. It

         further appears that the learned District Magistrate rejected the

         petitions filed by the appellant.
             Patna High Court L.P.A No.605 of 2025 dt.12-01-2026
                                                          4/4




                                   4. The main contention of the learned counsel for the

                      petitioner is that, since the petitioner had served for three years

                      as an Amin, he should be granted relief and appointed to the

                      post of Amin in the office of the District Bhoodan Yagya

                      Committee, Bhagalpur. We are not inclined to accept such a

                      prayer. The appellant has not made out a case to get the relief as

                      sought for.

                                   5. Moreover, we find no perversity or illegality in the

                      impugned order passed by the learned Single Judge. Merely

                      because the appellant worked for a few years on a contractual

                      basis, that by itself cannot be a ground to give him appointment

                      on a regular basis.

                                   6. Accordingly, the Letters Patent Appeal, being

                      devoid of merits, stands dismissed.




                                            (Sangam Kumar Sahoo, CJ)


                                                     (Sudhir Singh, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date          15.01.2026
Transmission Date


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