IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.2024 of 2010 PRAHLAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 12.1.2011 I.A.No.10671 of 2010 Learned counsel for the appellant presses I.A.No.10671 of 2010, under the provisions of section 5 of the Limitation Act, seeking condonation of the delay of 24 days in preferring this appeal. In the facts and circumstances of the case, the delay in filing the instant appeal is hereby condoned. I.A.No.10671 of 2010 is accordingly allowed. The appellant is aggrieved by order dated 24.6.2010 passed by the learned Single Judge in C.W.J.C.No.1198 of 2010 whereby his prayer to be made Head Accountant in Rajendra College, Chapra in J.P. University was rejected. The plea of the appellant is that he was an Account Assistant with additional qualification of Stenography in Rajendra College, Chapra. He claims that he should have been made Head Accountant in preference to Respondent no.6 of the writ application who was junior to him. The grievance 2 KHAN of the appellant is that instead of making him Head Accountant he was made Head Clerk. The case of the University is that the appellant was recruited as Stenographer and at times works may have been taken from him for the Accounts section. The University disputes that the appellant ever belonged to the cadre of Assistant. The writ court observed that as the petitioner has retired, nothing survives in the writ application. As the writ petitioner has retired, the issue of posting him as Head Accountant does not survive and as such we do not find any reason to interfere with the impugned order of the learned Single Judge. The appeal is accordingly dismissed. (S.K.Katriar,J) (S.P.Singh,J)