IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1003 of 2010 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE COMMISSIONER-CUM-SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, MADHEPURA……………………...APPELLANTS/RESPONDENTS Versus 1. ARUN KUMAR SINGH S/O SHRI KISHORI RAMAWATAR SINGH R/O VILL.- BHARAULI, P.S.- SONBARSA KACHAHARI, DISTT.- SAHARSA………………… RESPONDENT/PETITIONER ----------- 2. 30.06.2010. Re. I.A. No. 5508 of 2010. Heard learned counsel for the parties in respect of I.A. No. 5508 of 2010 filed under Section 5 of the Limitation Act. For the reasons mentioned therein, the delay of about 166 days in preferring the appeal is condoned. The I.A. stands allowed. Heard learned counsel for the parties on merits. There is no dispute that this appeal is identical to several other appeals preferred by the State of Bihar against similar orders of the learned single Judge which have been finally disposed of on 11.02.2010 - 2 - by a Division Bench of this Court. The said judgment and order is reported in 2010 (2) PLJR 397 (State of Bihar & Ors. v. Sohan Roy & Ors.) and analogous cases. By that order, the dispute between the employees writ petitioners and the State has been referred to a One Man Commission of Hon’ble Justice Uday Sinha, a retired Judge of this Court, for resolving the dispute and to decide the matter within a period of three months from the date of commencement of its sitting which was expected to begin in the third week of March, 2010. Several directions were made to the State Government to ensure that the said Commission functions in a proper atmosphere and receives cooperation of all concerned. Learned counsel for the respondent has criticized the State for delay in preferring this appeal because such delay is likely to create delay in disposal of matters by the One Man Commission noticed earlier. We expect the State Government shall not delay in preferring appeals against similar matters, if they are still pending. It is necessary to ensure that One Man Commission is able to decide the matters without - 3 - further delay. This appeal is also disposed of in terms of the judgment and order of the Division Bench in the case of State of Bihar & Ors. v. Sohan Roy & Ors. noticed above. Dilip ( R.M. Doshit, CJ ) ( Shiva Kirti Singh, J )