IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.699 of 2009 1. THE STATE OF BIHAR 2. The Commissioner-cum-Secretary, Labour Employment and Training, Patna, Bihar. Versus Shashi Bodh Mishra ‘Shashi’ son of Late Rajendra Mishra resident of village and P.S. Ghanshyampur, District Darbhanga. ----------- 3 17/08/2009 I.A. No. 3355 of 2009: In the facts of this case, the delay of 45 days in preferring this appeal is hereby condoned. I.A. No. 3355 of 2009 stands allowed. Heard learned counsel for the appellants. We have not issued notice to the writ petitioner-respondent in view of the nature of order we propose to pass. After hearing learned counsel for the State in support of this appeal, we find no good ground to interfere with the part of the order granting relief to the writ petitioner in the matter of promotion to the post of Assistant Director (Employment) and Deputy Director (Employment) from the due dates as directed by the writ Court. However, in view of the submissions advanced by the learned counsel for the State, we modify that part of the order under appeal wherein the State has been directed to fix responsibility for official apathy and negligence and recover the difference of salary from the officials concerned because according to the appellants no particular official was negligent in the matter. We allow the appeal only to the extent that, as submitted by the learned counsel for the State, the State may pay the difference of - 2 - salary as per law to the writ petitioner without recovering the same from any officials in the light of the submissions noticed above. In view of this order the necessity of filing an affidavit of compliance by the Chief Secretary would not arise. (P. K. Misra, CJ.) (Shiva Kirti Singh, J.) AMIN