In Lalan Prasad Rai vs. The State of Bihar & Ors. (2025), Patna High Court's Division Bench of Chief Justice P. B. Bajanthri and Justice Alok Kumar Sinha delivered a 2-page long judgement dated September 24, 2025, wherein, it concluded: "we find that there is no infirmity. However, we are of the tentative opinion that regularization of an employee is a continuing process and continuing cause of action would arise. Therefore, the Appellant has not made out a case so as to interfere with the order of the learned Single Judge dated 25.06.2018 passed in C.W.J.C. No. 18679 of 2010. Be that as it may, Appellant is permitted to file Civil Review before the learned Single Judge." This is the 8th judgement authored by Chief Justice Bajanthri.
In his 8th judgement authored s Chief Justice, Justice Bjanthri observed: "3. Hon’ble Supreme Court in the case of Ramesh Chandra Sankla and Others versus Vikram Cement and Others, reported in (2008) 14 SCC 58 held that in the absence of liberty granted by the High Court, party can file fresh petition when there is no intention as to abandonment. 4. With the above observation, present L.P.A. No. 1614 of 2018 stands disposed of."
The appellant had assailed the 2-page long order by Justice Mohit Kumar Shah, the Single Judge dated June 25, 2018 passed in Lalan Prasad Rai vs. The State Of Bihar & Ors. (2025). Justice Shah observed:"The learned counsel for the respondents points out that the petitioner had earlier moved this Court in CWJC No. 16341 of 2009 and this Court by an order dated 8.1.2010 had dismissed the said writ petition as withdrawn. It is submitted that since the writ petition was dismissed without any further liberty to the petitioner to file any further writ petition, the present writ petition is clearly barred. In the aforesaid facts and circumstances, I find that the present writ petition is clearly barred by the principles of res judicata and constructive res judicata. Accordingly, the present writ petition is dismissed." The writ petition was filed for directing the respondents to consider the case of the petitioner for regularization on the post of driver.
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