IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.898 of 2008 Lalan Singh s/o late Mukhdeo Singh, r/o village – Itwa Jantua, P.S. Mali, District – Aurangabad … Appellant Versus 1. The State Of Bihar 2. The District Magistrate-cum-Collector, Aurangabad 3. The Deputy Superintendent of Police, Aurangabad ………. Respondents ----------- For the appellant : Mr. Praveen Kumar Mr. Rajeev Shekhar, Advocates For the State : Mr. Anil Kumar Jha, GA II 6 12/8/2009 Learned counsel for the appellant submits that in order to maintain this letters patent appeal the petitioner (appellant herein) undertakes to withdraw Civil Review No.83 of 2009 which appears to be pending for review of the same order, which is under appeal in this letters patent appeal. In view of aforesaid undertaking, we have entertained this letters patent appeal treating it to be maintainable. Heard learned counsel for the parties. The writ petition of the appellant has been dismissed after considering all the relevant facts, mainly, because there was no escape from conclusion that there was no available post to accommodate the petitioner 2 because the earlier occupant of the post who had been removed, succeeded in getting relief from this court and had to be reinstated. In such circumstances, we find no justification to interfere with the order terminating the service of the appellant. The writ court made certain observation in view of a subsequent development that after the petitioner’s service was formally terminated in the year 1996, the other occupant of that post, one Yogesh Singh had superannuated on 1.7.1998 and is now dead. In view of that fact the writ court has made certain observation for considering to appoint the appellant as Dafadar. In the special facts and circumstances of the case, the observation made by the writ court deserves due consideration by the concerned authorities and if the rules otherwise do not stand in the way of appointment of the appellant as the Dafadar, in view of his past long experience, necessary age relaxation may be considered by the authorities to appoint the appellant 3 in accordance with law. The appeal is disposed of. Neyaz/ (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)