IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.468 of 2011 IN CWJC No. 1081 of 2008 With I.A.No. 2127 of 2011 ==================================================== Harendra Prasad Mandal son of Sri Ram Parikha Singh, resident of village Patnawa, P.O. Padwara, P.S. Jahmaur, District-Aurangabad (Bihar) -Petitioner- Appellant Versus 1. The State Of Bihar through the Principal Secretary Human Resources Development Department, Government of Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Director Secondary Education, Human Resources Development Department, Government of Bihar, Patna 4. The Regional Deputy Director of Education, Magadh Division, Gaya 5. The District Superintendent of Education, Aurangabad. 6. The District Education Officer, Aurangabad -Respondents- Respondents ==================================================== Appearance : For the Appellant : Mr. Basant Kumar Chaudhary, Advocate For the Respondent: Mr. Avnish Nandan Sinha, GP11 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 2 17.03.2011 Re. Interlocutory Application No. 2127 of 2011 This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 55 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Re.Letters Patent Appeal No.468 of 2011 This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 1st December 2010 passed by the learned Single Judge in above C.W.J.C. No. 1081 of 2008. On 24th March 1993 the appellant-writ petitioner was temporarily appointed as Clerk by the then Deputy Director of Education, Magadh Division, Gaya. As the appellant’s appointment was made dehors the rules of recruitment, under order dated 21st April 2005 his service came to be terminated. Challenge to the said order in pending C.W.J.C. No. 12234 of 2004 was sustained on the ground of violation of principles of natural justice. 3 In view of the said order, after following the principles of natural justice, the service of the appellant was again terminated on 24th November 2006. The challenge to the order of termination in the departmental appeal failed. The departmental appeal was dismissed on 1st November 2007. Challenge to the said order in C.W.J.C.No.1081 of 2008 has failed. The learned Single Judge has held that the appointment of the appellant was absolutely on a temporary basis subject to automatic cancellation. Further, there was nothing on the record that the appointment of the appellant was made on sanctioned post or after following the due procedure. In view of the said finding, learned Single Judge has rejected the writ petition. Therefore, the present Appeal. Learned Advocate Mr. Basant Kumar Chaudhary has appeared for the appellant. He has admitted that the appointment of the appellant was purely on temporary basis and was made without following due procedure. He has submitted that having regard to the long service of 11 years rendered by the appellant, sympathetic consideration should 4 have prevailed. We see no substance in the argument advanced by the learned advocate. The Appeal is dismissed in limine. Interlocutory Application No. 2127 of 2011 stands disposed of. Bibhash ( R.M.Doshit, CJ.) (Jyoti Saran, J.)