IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1550 of 2011 In Civil Writ Jurisdiction Case No. 305 of 2011 With Interlocutory Application No. 7341 of 2011 In Letters Patent Appeal No.1550 of 2011 ====================================================== Sukhdeo Prasad son of Late Puran Mahto, Resident of Village Jorarpur, Police Station Dip Nagar, District Nalanda. .... .... Petitioner-Appellant Versus 1. Biharsharif Nagar Nigam, Biharsharif (Nalanda), District Nalanda through its Commissioner. 2. Mayor, Biharsharif Nagar Nigam, Biharsharif (Nalanda), District Nalanda. 3. Municipal Commissioner, Biharsharif Nagar Nigam, Biharsharif (Nalanda), District Nalanda. 4. The State of Bihar through Secretary, Urban Development Department, Government of Bihar, Patna. 5. Arun Kumar, Assistant, Biharsharif Nagar Nigam, Biharsharif (Nalanda), District Nalanda. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Jitendra Prasad Singh, Advocate For the Respondent Corpn. : Mr. Gyan Prakash Ojha, Advocate For the Respondent State : Mr. Shambhu Nath, A.C. to AAG-3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1550 of 2011 (2) dt.21-10-2011 2 / 2 2 2. 21-10-2011 Interlocutory Application No. 7341 of 2011: Delay of 13 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1550 of 2011: This Appeal under Clause 10 of the Letters Patent preferred by the writ petitioner arises from the judgment and order dated 4th July 2011 passed by the learned single Judge in above C.W.J.C. No. 305 of 2011. The appellant, an ex-Army man, seeks employment in the respondent Biharsharif Nagar Nigam as an Assistant pursuant to the public advertisement dated 20th December 2008. According to the respondents, the appellant had not applied pursuant to the aforesaid advertisement dated 20th December 2008. He, therefore, could not be appointed as an Assistant. Be that as it may, the appellant is now nearing the age of superannuation, therefore, also he cannot be granted fresh appointment in the public employment. For the aforesaid reason, Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)