IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2769 of 2008 Pushpa Rani, wife of Sri Mahendra Mahto, Resident of Village- Simri,Tole-Jatahi, Police Station- Jai Nagar, District- Madhubani ----------- Petitioner--- Appellant. Versus 1. The State of Bihar 2. Secretary, Department of Education, Government of Bihar, Patna. 3. District Magistrate, Madhubani. 4. District Superintendent of Education, Madhubani 5. Block Education Extension Officer, Rajnagar, District- Madhubani 6. Headmaster, Government Primary School, Jatahi, Police Station+ Block Rajnagar, District-Madhubani 7. Panchayat Sevak-cum-Executive Officer of Simri Gram Panchayat, Police Station, Raj Nagar, District- Madhubani 8. Mukhiya-cum-Chairman of Shiksha Mitra Selection Committee of Simri Gram Panchayat, Police Station- Raj Nagar, District- Madhubani ---------- Respondent Ist Set. 9. Kumari Puja Singh, wife of Ranjeet Kumar Singh, Resident of Village- Simri Jatahi, Police Station- Jai Nagar, District Madhubani --------- Respondent 2nd Set ---- Respondents— Respondents. --------------- 3. 17.4.2009 Heard Mr. Vijoy Kumar Singh for the petitioner. This restoration application has been filed by the appellant of L.P.A. No. 428 of 2008, for recall of the order dated 12.9.2008, whereby the appeal was dismissed for default. We have perused the materials on record and considered the submissions of learned counsel for the parties. The appeal was called out on 11.8.2008, 26.8.2008 and 4.9.2008, on which dates the appeal was adjourned on the prayer of learned counsel for the appellant. It was accordingly taken up again on 12.9.2008, on which date the same was dismissed on account of non-appearance of learned counsel for the appellant. It is evident that the order dated 12.9.2008 was 2 preceded by three adjournments at the instance of learned counsel for the appellant. Secondly, it appears on a perusal of the order dated 12.3.2008, passed in C.W.J.C. No.10028 of 2005, and impugned in the appeal, that the appointment of Shiksha Mitra in question was for a limited period of eleven months which has expired. In that view of the matter, we are not inclined to allow this application. This application is accordingly dismissed. Vinay/ ( S. K. Katriar ,J. ) ( Kishore K. Mandal, J.)