IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.328 of 2010 ***** 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPTT. OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, PATNA 2. DIRECTOR IN CHIEF HEALTH SERVICES, BIHAR, PATNA 3. CIVIL SURGEON CUM CHIEF MEDICAL OFFICER WEST CHAMPARAN, BETTIAH 4. MEDICAL OFFICER IN-CHARGE PRIMARY HEALTH CENTRE, GAUNAHA, DISTT.- WEST CHAMPARAN 5. MEDICAL OFFICER, INCHARGE PRIMARY HEALTH CENTRE BAGHA- 2, DISTT.- WEST CHAMPARAN …. …. Appellants/Respondents Versus 1. SURENDRA MAHTO S/O SHRI RAJ NANDAN MAHTO R/O VILL.+ P.O.- MADHUBANI GHAT, P.S.- SADAR MOTIHARI, DISTT.- EAST CHAMPARAN. …. …. Respondent/petitioner ----------- For the Appellants : Mr. Arup Kumar Chongdar, Advocate For the Respondent: Dr. Amar Nath Singh, Advocate ----------- 2. 18.2.2010. I.A. No.1632 of 2010: - This is an application for condonation of delay of 63 days in preferring the appeal. Having heard Mr. Arup Kumar Chongdar, learned counsel for the appellants and Dr. Amar Nath Singh, learned counsel for the respondent, we are of the considered opinion that sufficient ground exists for condoning the delay. The delay in preferring the appeal is condoned. - 2 - Interlocutory application stands disposed of. L.P.A. No. 328 of 2010: - As we have condoned the delay in preferring the appeal, we are inclined to take up the appeal for admission and final disposal. In course of hearing, learned counsel for the parties fairly stated that the present controversy has already been covered by the order passed by this Court in L.P.A. No. 1623 of 2009, and, therefore, the present appeal be disposed of in similar terms. In view of the aforesaid, the present appeal stands disposed of in terms of the orders passed in L.P.A. No. 1623 of 2009. There shall be no order as to costs. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)