IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.518 of 2009 1. THE STATE OF BIHAR 2. The Secretary, Department of Labour Employment & Training, Bihar, Patna. 3. The Labour Commissioner, Bihar, Patna. Versus 1. Lalan Singh son of late Harani Singh at present working as Labour Enforcement Officer under Assistant Commissiner Labour (ASgriculture), Patna Division, Patna, resident of Mohalla Nehru Nagar, House No. 590, P.s. Patliputra, District Patna. 2. The Bihar Public Service Commission through its Secretary ----------- For the Appellants :- Mr. A.C. to S.C. XX For Respondent no. 1 :- Mr. Birendra Kumar. For Respondent no. 2 :- M/S. P. N. Shahi & Sanjay Pandey. ------- 5 10/12/2009 Heard the parties in respect of I.A. No. 2611 of 2009 filed under section 5 of the Limitation Act to explain the delay of 218 days in preferring this appeal. For the reasons mentioned in the said I.A., the delay is condoned. Heard learned counsel for the parties and perused the order under appeal. We find that the writ Court has appreciated the full facts of the dispute and has come to a finding that the recommendation in favour of the writ petitioner by the departmental promotion committee dated 4.1.2000 for his promotion to the post of Labour Superintendent could not - 2 - fructify because of mistake of the authority in sending incomplete proposal to the Commission. The writ petitioner superannuated on 31.1.2000. For the aforesaid facts the writ Court directed for granting only notional promotion to the writ petitioner on the post of Labour Superintendent with effect from 4.1.2000. We find no good reason to interfere with the order of the writ Court. This Letters Patent Appeal is, therefore, dismissed. AMIN (Shiva Kirti Singh, ACJ) (Shyam Kishore Sharma, J.)