IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1325 of 2011 In Civil Writ Jurisdiction Case No. 8931 of 2011 With Interlocutory Application No. 6507 of 2011 In Letters Patent Appeal No.1325 of 2011 ====================================================== Krishna Kumar Paswan, S/o late Govind Paswan, R/o-Mohalla/Village Laxmisagar, Saidpur, District-Darbhanga, presently residing at 98/F (old) B.S.E.B. Board Colony, P.S.-Shashtri Nagar, District-Patna. .... .... Petitioner/Appellant Versus 1. The State of Bihar through Principal Secretary, Department of Energy, Government of Bihar, Patna. 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Patna. 3. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna. 4. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna. 5. The Director (Personnel), Bihar State Electricity Board, Vidyut Bhawan, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Amresh Kumar Sinha, Advocate For the Respondent State : Mr. Sudhir Kumar, A.C. to AAG-2 For the Respondent Board : Mr. Ranjit Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1325 of 2011 (2) dt.20-09-2011 2 / 2 2 2. 20-09-2011 Interlocutory Application No. 6507 of 2011: Delay of 48 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1325 of 2011: Feeling aggrieved by the judgment and order dated 19th May 2011 passed by the learned single Judge in above C.W.J.C. No. 8931 of 2011, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant, Statistical Officer in the Bihar State Electricity Board (hereinafter referred to as ‘the Board’) filed the above C.W.J.C. No. 8931 of 2011 under Article 226 of the Constitution to challenge the Standing Order dated 19th July 1974 to keep the post of Deputy Director in abeyance. According to the appellant the Board should fill-in the said post so as the appellant can be promoted on the said post. The learned single Judge has rejected the writ petition, therefore, the present Appeal. The appellant has no right to compel the Board to fill- in a particular post. The appellant also failed to establish that the impugned order dated 19th July 1974 was arbitrary in any manner. We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)