IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.326 of 2010 ***** 1. ZILDAR RAI @ JILDAR RAI S/O LATE DABAN RAI R/O VILL.- AURAIYA, P.O.- DHAKA, DISTT.- EAST CHAMPARAN. …. …. Appellant-Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY ROAD CONSTRUCTION DEPTT. GOVT. OF BIHAR, PATNA 2. THE COMMISSIONER-CUM-SPECIAL SECRETARY ROAD CONSTRUCTION DEPTT, NIRMAN BHAWAN, PATNA 3. THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER-CUM- SPECIAL SECRETARY ROAD CONSTRUCTION DEPTT. NIRMAN BHAWAN, PATNA 4. THE CHIEF ENGINEER ROAD CONSTRUCTION DEPTT. NORTH CIRCLE, DARBHANGA 5. THE SUPERINTENDING ENGINEER ROAD CONSTRUCTION DEPTT. ROAD DIVISION, EAST CHAMPARAN, MOTIHARI. 6. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, EAST CHAMPARAN, MOTIHARI. …. …. Respondents/Respondents ----------- For the Appellant : Mr. Sushil Kumar Mallick, Advocate For the State : Mr. P.K.Verma, Additional Advocate General-X ---------- 2. 18.2.2010. I.A. No. 1624 of 2010: - This is an application for condonation of delay of 3 days in preferring the appeal. Having heard Mr. Sushil Kumar Mallick, learned counsel for the appellant and Mr. P.K.Verma, Additional Advocate General-X for the respondents, we are of the considered opinion that sufficient ground exists for condoning the delay. The delay in preferring the appeal is condoned. - 2 - Interlocutory application stands disposed of. L.P.A. No. 326 of 2010: - As we have condoned the delay, we are inclined to take up the appeal for admission. Heard learned counsel for the parties on the question of admission and final disposal. In this appeal, the assail is to the order dated 4.11.2009 passed by the learned Single Judge in C.W.J.C. No. 13929 of 2009, whereby he has declined to entertain the plea of regularization on the ground that the writ petitioner, on his own showing, was not in employment even as a daily-wager from 31.10.1993. In our considered opinion, when the appellant has been out of job for 17 years, writ of mandamus cannot be issued to the respondents for the purpose of regularization, and accordingly, the appeal, being devoid of merit, stands dismissed without any order as to costs. Pawan/ (Dipak Misra, CJ) (Mihir Kumar Jha, J)