IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.820 of 2008 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, INDUSTRY DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE JOINT SECRETARY TO THE GOVERNMENT, INDUSTRY DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA ………………. APPELLANTS Versus 1. BINAY PRASAD SON OF LATE BANGALI SINGH, RESIDENT OF MOHALLA RAJEEV NAGAR, ROAD NO.21, NORTH OF POULTRY FORM, NEAR TRANSFORMER,P.S. RAJEEV NAGAR, DISTRICT, PATNA 2. SRI LALIT KUMAR SINHA S/O FATHER’S NAME NOT KNOW, FUNCTIONAL MANAGER, DISTRICT INDUSTRY CENTRE, NALANDA, BIHARSHARIF, P.O. BIHARSHARIF, DISTRICT NALANDA ………………….. RESPONDENTS ----------- For the appellants: Mr. P.K.Verma, AAG – XI Mr. S.R. Sharan, Advocate For the respondents : None --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 22nd October, 2008 Even if we condone the delay in filing the appeal, for which an application (IA. No.6353 of 2008) has been made, we are of the considered view that letters patent appeal does not deserve to be admitted. 2. The single judge has, by the impugned order, directed the respondents therein (present appellants) to consider and dispose of the representation (Annexure – 4) made by the petitioner with regard to his transfer. 3. The government counsel then submitted that 2 principal grievance is with regard to the observation made by the single judge in the impugned order directing the respondents therein (present appellants) to desist from any generalized order of transfer on ad hoc basis and make regular posting in accordance with the seniority position of the incumbent within a maximum period of twelve weeks from the date of receipt and/or production of a copy of this order. 4. The said direction by the single judge only ventilates the feeling of the court regarding inaction on the part of the State government in not complying with the court’s order in time and the postings by the State government on ad hoc basis. Be that as it may, the aforesaid observations reflect the feeling of the court and nothing beyond that. 5. With the aforesaid observations, letters patent appeal stands disposed of. This disposes of application for condonation of delay (IA. No.6353 of 2008). Upon disposal of appeal, application for interim relief (IA. No.6354 of 2008) does not survive and it stands disposed of accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-