IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1116 of 2011 In Civil Writ Jurisdiction Case No. 13893 of 2005 With Interlocutory Application No. 5275 of 2011. ====================================================== Ragho Ram, son of Late Kail Ram, Resident of Village and P.O. Ghatera, P.S. Guraru, District Gaya. Petitioner/Appellant Versus 1. The State of Bihar, 2. The Secretary-cum-Commissioner, Welfare Department, Govt. of Bihar, Patna, 3. The Director, Welfare Department, Govt. of Bihar, Patna, 4. The Deputy Secretary, Karmic & Administrative Reforms Department, Govt. of Bihar. Patna, 5. The Commissioner, Magadh Pramandal, Gaya, 6. The Deputy Director, Welfare Department, Magadh Pramandal, Gaya. Respondents /Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Kunwar Narayan Jamuar, Advocate. For the Respondent/s : Mr. Girija Shankar Prasad, G.P 1 and Mr. Deepak Kumar, AC to G.P 1. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 05-08-2011 Re. I.A. No. 5275 of 2011. The delay of 198 days occurred in filing the Letters Patent Appeal is condoned. Patna High Court LPA No.1116 of 2011 (2) dt.05-08-2011 2 2 Interlocutory Applications stands disposed of. Re. L.P.A No. 1116 of 2011. This Appeal preferred under Clause 10 of the Letter Patent arises out of the judgment and order dated 9th September 2010 passed by the learned Single Judge in above C.W.J.C No. 13893 of 2005. In 2005 the appellant filed above writ petition under Article 226 of the Constitution to assert his right to appointment as Statistical Assistant pursuant to 1987 Advertisement. According to the appellant, he had served in the Revenue Department of the State of Bihar as a ‘Samyik Sangrahak’ temporarily between the years 1974 and 1982. He, being a retrenched employee, had a preferential right to be appointed as Statistical Assistant pursuant to the 1987 Advertisement. Admittedly, on the date of the petition the petitioner was 50 years of age. The appellant is now around 56 years of age. He seeks employment on the basis of the advertisement published in the year 1987. In the said recruitment process, admittedly, he was not selected. The appellant’s claim for appointment as a Statistical Assistant as a matter of course is totally misconceived. Besides, the appellant is nearing the age of superannuation. He cannot be inducted in the service now. Patna High Court LPA No.1116 of 2011 (2) dt.05-08-2011 3 3 The appeal is totally devoid of merits. The Appeal is dismissed in limine. Prakash (R.M. Doshit, CJ) (Birendra Prasad Verma, J)