IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.707 of 2010 Kundan Kumar s/o Sukhdeo Pd. Yadav, r/o village Balia Bugurj, P.S. Akbarpur, District - Nawadah Versus 1. The State Of Bihar 2. The Special Secretary, Department of Road Construction, Govt. of Bihar, Patna 3. The Chief Engineer (Mechnical), Department of Road Construction, Mechanical Division, Bihar, Patna 4. The Executive Engineer, Department of Road Construction, Mechanical Division, Bihar, Patna 5. The Executive Engineer (Mechanical), National Highway Mechanical Division, Nawadah ----------- For the appellant: Mr. Ravi Shankar, Mr. Wasi Ahmad Khan, Advocates For the State: Mr. Anil Kumar,GP XI 2 20/4/2010 IA. No.3752 of 2010 This is an application for condonation of delay of 365 days. Before adverting to the question of issuance of notice in limitation matter, we thought it apt to address ourselves on the merits of the case. In this appeal the challenge is to the order dated 5.3.2009 passed by the learned Single Judge in CWJC. No.11795 of 2002, whereby he has declined to interfere with the claim of re-instatement put forth by the appellant. Be it noted, the appellant was appointed in the year, 1996 as a Khalasi and was removed from the 2 post in the year 1998. On a perusal of the orders of appointment it is noticeable that the appellant was appointed against a casual vacancy and that apart he approached this court after four years of his termination. In view of aforesaid facts, we are of the considered opinion that there is no merit in this appeal. Hence, issuance of notice on the application for limitation would be an exercise in futility and accordingly the application for limitation stands rejected and resultantly the appeal also stands dismissed in limine. Neyaz/ (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)