IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.156 of 2009 1. THE STATE OF BIHAR through Commissioner-cum-Secretary, Water resources department, Bihar Govt. Irrigation Building, Patna 2. The Commissioner-cum-Secretary, Water Resources department, Bihar Govt. irrigation Building, Patna 3. The Chief Engineer, Water Resources Department, Siwan, 4. The Special Secretary, Water Resources Department, Patna 5. The Superintending engineer, flood Control Circle, Water Resources Department, Office at Padarauna, Kushinagar, U.P.— Appellants Versus SHASHI KUMAR SINHA, son of Late Braj Bansi Lal, Qtr.No.87/3, Road No.7, Adityapur, Jamshedpur.---- Respondent. ----------- Reg: I.A.No.1089 of 2009. 2. 18.2.2009. This application has been filed for condoning the delay in filing the appeal. Heard. For the reasons stated in the application, delay in filing the appeal is condoned. Application stands allowed. With the consent of the party, we have taken up the appeal for admission. Respondent-appellant, aggrieved by the order dated 29.7.2008 passed by a learned Single Judge in C.W.J.C.No.No.8413 of 2006, have preferred this appeal under Clause 10 of the Letters Patent. AC to G.A.VII appears on behalf of the appellant. While disposing of the application, the 2 learned single judge had directed the Secretary cum Commissioner, Water Resources Department to examine the claim of the writ petitioner for arrears of salary since July, 2005 and pay the admissible dues along with the interest thereon at the rate of 4 % per annum. We are of the opinion that the learned single Judge, in the facts and circumstances of the case, rightly gave that direction. In fact, he had not adjudicated into the claim of the writ petitioner, but had left it to be decided by the commissioner. We do not find any merit in the appeal. It is dismissed accordingly. ahk (C. K. Prasad,ACJ) (Dharnidhar Jha)