IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.896 of 2008 ***** Mahanand Thakur son of Late Madhav Thakur, resident of Mohalla – Vivekanand Colony, Purnea, Police Station-Khajanchi Hat, District- Purnea …. …. Petitioner – Appellant. Versus 1. The State of Bihar 2. The Secretary, Road Construction Department, Government of Bihar, Patna. 3. The Engineer-in-Chief-cum-Special Secretary, Road Construction Department, Bihar, Patna. 4. The Chief Engineer, National Highway Wing, Road Construction Department, Bihar, Patna. 5. The Superintending Engineer, National Highway Wing Circle, Purena, District-Purnea. 6. The Executive Engineer, National Highway Division, Purnea, District-Purnea. 7. District Accounts Officer, Finance Department, Purnea, District-Purnea. (Respondent no. 1 to 7 in C.W.J.C. No. 13248 of 2001) …. …. Respondents-Respondents ----------- For the Appellant : Mr. Gyanand Roy, Advocate ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 17th November, 2008. Even if, we condone the delay in filing the appeal, for which the application (I.A.No.6679 of 2008) has been made, in our considered view, the appeal does not deserve to be admitted. 2. The whole claim of the appellant is based on the averment that he was senior to Nityanand Singh, who was granted - 2 - promotion scale of Head Clerk. If that be so, Nityanand Singh was necessary party for consideration of this aspect. However, for the reasons best know to the appellant, Nityanand Singh was not impleaded as party-respondent. In this background, the view of the Single Judge that the appellant (petitioner) was not entitled to any relief, as he has not impleaded Nityanand Singh and other such persons as party-respondent, cannot be said to suffer from any legal flaw. 3. Letters patent appeal is dismissed in limine. This disposes of I.A. No. 6679 of 2008 as well. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-