IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1332 of 2009 2 28.10.2009 Sachin Kumar Son of Late Srikant Mishra, resident of Mohalla Shivkund, P.O. Vahachouki, P.S. Dharhara, District Munger .... Petitioner .. Appellant VERSUS 1. The State of Bihar 2. District Magistrate - cum- Chairman, District Establishment Committee, Munger 3. District Education Officer, Munger .... Respondents .. Respondents ------ Heard learned counsel for the appellant and learned counsel for the State in respect of IA No.6661 of 2009 filed under section 5 of the Limitation Act seeking condonation of delay of 6 years and 247 days in preferring this Letters Patent Appeal. From the facts on record, it appears that appellant’s father died in harness as an Assistant Teacher on 13.9.1988 and this appellant applied for compassionate appointment in the year 2000, after 12 years, on attaining majority. The writ petition was dismissed by the order under appeal in December 2002. The appellant accepted the order for about 7 years and preferred this appeal on 26.10.2009. A plea of illness has been taken in the Limitation 2 Petition but we are not satisfied with the said plea. Considering, all the facts and circumstances, the prayer to condone the delay is rejected. As a consequence, the appeal is dismissed as barred by limitation. (Shiva Kirti Singh,ACJ) (Shyam Kishore Sharma,J.) sk