IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.459 of 2009 1. The State of Bihar. 2. Engineer in Chief cum Additional Commissioner, Public Works Department, Patna. 3. Chief Engineer, South Bihar (Upbhag), Public Works Department, Patna. 4. Superintending Engineer, South Bihar Circle, Public Works Department, Patna. 5. Joint Secretary, Public Works Department, Patna. 6. Executive Engineer, Garden Division, Public Works Department, Patna. ……Respondents/Appellants. Versus 1. Subhash Paswan, Son of Shri Kishori Paswan, Resident of Village- Pathepur Diyara, PS-Mangalichak, District-Patna. 2. Ajit Kumar, Son of Shri Jagadish Singh, Resident of Village- Bahadurpur, PS-Phulwari Sharif, District-Patna. 3. Subhash Mahton, Son of Late Bishwanath Mahton Resident of Village Ranipur, PS-Phulwari Sharif, District-Patna. 4. Ram Keshwar Prasad, Son of Lat Harischandra Prasad, Resident of Mohalla-Gardanibagh, Road No.-6, P.S.-Gardanibagh, District- Patna. 5. Sunil Pandit, Son of Late Bhadai Pandit Resident of New Road, Gaighat, Kumhar Toli, Phulwari Sharif, District-Patna. 6. Gyani Pal, Son of Late Sundar Pal, Resident of Village-Karoin Chak, Phulwari Sharif, District-Patna. 7. Sundar Paswan, Son of Shri Phulchand Paswan, Resident of Mohalla-Phulwari, P.S.-Gardanibagh, District-Patna. 8. Dip Narayan Mhaton, Son of late Sudha Kant Mahton, Resident of Phulwari, P.S.-Gardanibagh, District-Patna. All serial Nos. 1 to 8 are Mali, Garden Division, Public Works Department, Patna. ….Petitioners/Respondents. ----------- For the Appellants : Mr. Subhash Prasad Singh, GA 8. : Mr. Bajarangi Lal, AC to GA 8. For the Respondent : Mr. Tara Nath Jha, Advocate. ------------- 07. 24.07.2009 Heard learned counsel for the appellants and - 2 - learned counsel for the Respondent Nos. 1 to 4 & 6 to 8 in respect of I.A. No. 2407 of 2009 filed under Section 5 of the Limitation Act. The delay in preferring this letters patent appeal is of six forty six days. The writ court by order under appeal dated 03.05.2007 allowed the writ petition and declared that the petitioners who were fourth grade employees on the post of Mali would continue to be employees in the regular establishment of the Department, the respondents came to know of the order on 28.05.2007 itself. Initially steps were taken to comply with the order but after about three months the matter was sent for opinion of Personnel Department. The file was received back on 03.10.2007 with advice to take opinion of the Law Department and after obtaining the opinion of the Law Department on 15.12.2007 a review application was filed on 18.03.2008 i.e. after about ten months of the passing of order under appeal. The review petition was disposed of against the appellants on 04.12.2008. The certified copy of order passed in review petition was available on 20.12.2008 but still it took further about four months for filing the present - 3 - appeal which was filed on 15.04.2009. The facts noted above only show that there was no promptness shown by the concerned authorities and the review petition was filed after ten months and even after its disposal, the appellants took about four months to prefer this letters patent appeal. There is no satisfactory explanation for the inordinate delay hence the prayer to condone limitation is rejected. As a result of, the appeal is dismissed as barred by limitation. Vikash/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)