IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.603 of 2008 MADHUSUDAN PRASAD Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Birendra Kumar Sinha For the respondent nos. 1 to 5 : Mr. Lalit Kishore, AAG - III P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 22nd August, 2008 The appeal suffers from delay of 113 days. For condonation thereof, an application (IA. No.4708 of 2008) has been made. Even if we condone the delay in filing the appeal, in our opinion, the appeal is devoid of any substance and does not deserve to be admitted. 2. Mr. Birendra Kumar Sinha, counsel for the appellant would submit that the appellant’s gratuity has been wrongly withheld after his superannuation. From perusal of the impugned order, we find that no such contention was raised before the single judge. 3. The only controversy that remained for consideration before the single judge related to non-payment of subsistence allowance. In this regard, the single judge has directed the Managing Director of the Bank to examine the fact whether 2 subsistence allowance has been paid to the petitioner ( appellant herein) or not and if the said amount has not been paid , it shall be released in favour of the petitioner. 4. We fail to fathom the reason of filing the appeal. As a matter of fact, the grievance regarding subsistence allowance has already been redressed by the single judge. 5. Letters patent appeal stands dismissed in limine. This disposes of IA. No.4708 of 2008 as well. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-