IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1541 of 2009 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPTT. OF PLANNING, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 2. THE DEVELOPMENT COMMISSIONER, DEPTT. OF PLANNING, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA 3. THE FINANCE COMMISSIONER, DEPTT. OF FINANCE, GOVT. OF BIHAR, PATNA 4. THE COMMISSIONER, DEPTT. OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA 5. THE DEPUTY SECRETARY, PLANNING OF DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA. --------RESPONDENTS-APPELLANTS. Versus DINESH SHARMA S/O LATE LALA SHARMA R/O VILL.- RUKUNPURA, P.O. AND P.S.- GHOSHI, DISTT.- JEHANABAD, AT PRESENT SENIOR MOST JOINT DIRECTOR-CUM-KARYALAYA PRADHAN, DEPTT. OF STATISTICS UNDER PLANNING DEPTT., GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. --------PETITIONER-RESPONDENT. ----------- 3 12-05-2010 I.A. No.7928 of 2009. This is an application for condonation of delay. We have heard Mr. Rajendra Prasad, learned Senior counsel for the appellants on the question of delay. Before dwelling upon the aspect whether there 2 is justification for issue of notice on the question of limitation, we have thought it apt to advert to the merits of the case. It is submitted by learned counsel for the appellants that the learned Single Judge has directed in paragraph-3 as follows:- “Having considered the fact that earlier also members of the State Statistical Service (Joint Director) have been allowed to hold the post of Director, Statistics as an Incharge as also considering the fact that petitioner is to superannuate with effect from 30th September, 2009, I deem it expedient to direct the State Government to consider his case for appointment as Incharge Director, Statistics in the light of the Government order bearing Memo No.3751 dated 9th December, 2006. Annexure-3 series in C.W.J.C. No.3619 of 2008 as early as possible in any case within two weeks from the date of receipt/production of a copy of this order. It goes without saying that in the event Government decides to appoint the petitioner as Incharge Director, Statistics the said appointment will be in the scale of the Joint Director.” It is submitted by learned counsel for the State 3 that before the said order could be passed a decision has already been taken. Be that as it may, we are only inclined to direct the State Government to take a fresh decision by 30th May, 2010. Be it clarified, we have extended the date as no positive or affirmative direction has been given by the leaned Single Judge barring for consideration. Hence, there is no necessity to issue notice on the question of limitation. Appeal stands disposed of accordingly. (Dipak Misra, C.J.) Abhay Kumar ( Mihir Kumar Jha, J.)