IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1012 of 2007 Awadhesh Prasad, son of late Vishnu Prasad, Resident of House No. A-79, Police Colony, P.O. Anisabad, P.S. Gardanibagh, District Patna-800002. -------- Petitioner/Appellant Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Commissioner-cum-Secretary, Home (Police) Department, Government of Bihar, Old Secretariat, Patna. 3. The Chairman, Bureau of Public Enterprises (Under Finance Department), Government of Bihar, Old Secretariat Barrack, Patna. 4. The Bihar Police Building Construction Corporation Limited, B.M.P.-5 Campus, Sheikhpura, Patna-800014, through its Secretary. 5. The Chairman-cum-Managing Director, Bihar Police Building Construction Corporation Limited, B.M.P.-5 Campus, Sheikhpura, Patna-800014. ------------ Respondents/Respondents For the Petitioner :- Mr. Ashok Kumar, Adv. For the State :- Mr. Mrigendra Kumar, A.C. to S.C.10 For the Corporation :- Mr. Prasoon Sinha, Adv. ----------- 10 14.03.2011 I.A. No. 6753 of 2007 For the reasons mentioned in this application, the delay of nine days in preferring this appeal is condoned. I.A. No. 6753 of 2007 is, accordingly, allowed. L.P.A. No. 1012 of 2007 The present Letters Patent Appeal has been filed against the order dated 01.10.2007 passed in CWJC No. 13585 of 2005 2 where the appellant had chosen to claim the post of Senior Architect in the respondent Corporation on the ground that he was working since last twenty years and the respondent has not sanctioned the post in question. The learned single Judge has refused to interfere in the order by holding that it is open for the appellant to claim benefit if the post is sanctioned by the competent authority. Before us, learned counsel for the appellant has contended more or less on similar line but, we are of the opinion that in absence of any sanctioned post of Senior Architect under the order of the competent authority, the appellant can have no claim whatsoever for his promotion on the non- existent and unsanctioned post of Senior Architect. This Court would however give liberty to the appellant to avail the remedy before the appropriate authority for the relief as sought by him in the connected writ petition. With the aforementioned observation and liberty, the present appeal stands 3 disposed of. Rishi/kanchan (T. Meena Kumari, J.) (Mihir Kumar Jha, J.)