IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.154 of 2011 1. THE STATE OF BIHAR 2. THE SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR, TIRHUT DIVISION, MUZAFFARPUR 5. THE DISTRICT EDUCATION OFFICER, WEST CHAMPARAN, BETTIAH………………………………………. APPELLANTS Versus UMA SHANKAR PRASAD SON OF SHRI LAXMI PRASAD, RESIDENT OF VILLAGE- PAREGWA, P.S. JOGAPATTI, DISTRICT- WEST CHAMPARAN…………….. RESPONDENT 4 3-5-2011 Heard learned counsel for the appellant/ State and also considered the limitation petition filed seeking condonation of delay of two years and 88 days. Earlier an order was passed that limitation shall be considered at the time of admission in order to avoid dismissal of the appeal on plea of limitation if it has substance . We have gone through the order under appeal dated 27-8- 2008 whereby writ petition preferred by the writ petitioner Uma Shankar Prasad bearing C.W.J.C. No. 511 of 2001 was allowed but without prejudice to the rights of the State and its authorities to proceed afresh in accordance with law if they so desire. There is further observation that if it is a case of illegal appointment, then the State should not only proceed against 2 the employee but also proceed against those who made the illegal appointment and utilised the services of the writ petitioner. Probably it is because of this observation that the authorities have chosen not to proceed against the writ petitioner and have preferred this appeal after inordinate delay of 2 years. We find no merit in the appeal and it will serve no useful purpose to issue notice in the limitation matter. Hence, the appeal is dismissed summarily. Naresh ( Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan,J)