IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.2014 of 2010 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Secondary Education, Government of Bihar, Patna. 4. The District Education Officer, Munger, Bihar ---- Appellants/Respondents. Versus 1. Munish Chandra Jaiswal, son of late Raghubir Narayan Jaiswal, resident of Village Raghopur, P.S. Parbatta, P.O. Raghopur, District-Bhagalpur ----- Respondent/Petitioner. 2. The Accountant General, Bihar, Patna ---- Respondent/Respondent. ----------- 2. 4.1.2011 Heard Mr. Madhukar Mishra, learned Assistant Counsel to Government Advocate No.9 for the appellants. The State of Bihar has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna and raises a grievance with respect to the judgment dated 26.4.2010, passed in C.W. J.C. No. 14500 of 2009 (Munish Chandra Jaiswal Vrs. The State of Bihar & Ors.), whereby the writ petition was allowed and the order of the State Government realising the allegedly excess payment occasioned by grant of second time-bound promotion, from the gratuity amount, has been quashed. The entire amount was adjusted from the gratuity payable to the petitioner. Learned counsel for the appellants presses I.A. 2 Vinay/ No.10558 of 2010, filed under the provisions of section 5 of the Limitation Act, seeking condonation of the delay in filing the appeal. The appeal suffers from unexplained delay of 171 days. However, we would also consider this case on merits. We find that the learned Single Judge has considered the matter in depth and has come to the conclusion that the State Government has wrongly adjusted the amount. We, therefore, do not find adequate justification for this appeal. Let sum of Rs.2,31,593/- be refunded to the writ petitioner within a period of four months from today, failing which it shall carry interest at the rate of 9% from the date of the amount was adjusted till the date of payment. In the result, there appeal is dismissed. ( S. K. Katriar, J.) ( S. P.Singh, J.)