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Judgment
Since the consistency is the hallmark of justice, the
learned single Judge has made no mistake of legal kind by being
consistent in his view, which was based on previous adjudications
and decisions identical on the issue. The writ application stood
disposed of with the observation that if somebody was made to work
on the post of a Tax Collector on the basis of decisions and orders
passed by the authorities of the Patna Municipal Corporation, then
they had a right to be either regularized or paid the benefit of the post
of Tax Collector. There were two writ petitioners, who had
approached the High Court for similar kind of relief, therefore, they
were both clubbed together and disposed of together.
On being questioned closely, the counsel for the Patna
Municipal Corporation has no explanation as to why no legal battle
was carried out beyond the decision which were rendered as far back
as in the year 2002 and 2004, one of such decision has also been
reported, which was the case of Surya Kant Jha vs. The
Administrator, Patna Municipal Corporation and others, reported
in 2004(1) PLJR 366, and yet another decision reported in the case
of Sitaram Choudhary vs. Patna Municipal Corporation, Patna
and others, reported in 2004(4) PLJR 840.
The Court would not like to interfere with the order of
the learned single Judge since his decision is in conformity with the
judicial view taken in the cases referred above, besides the cases
which have also been noticed in the impugned order.
Appeal has no merit. It is dismissed.