IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1554 of 2011 In Civil Writ Jurisdiction Case No. 7001 of 1997 With Interlocutory Application No. 7351 of 2011 In Letters Patent Appeal No.1554 of 2011 ====================================================== Md. Neyaz Ahmad son of late Md. Izharool Haque, Resident of Village Milkichak, P.S. Barbigha, district Sheikhpura at present residing at Mohalla Samanpura, Opposite Danish Apartment, P.O. and P.S. Bihar Veterinary College, District Patna. .... .... Petitioner-Appellant Versus 1. The State of Bihar 2. The Chief Secretary to Government of Bihar, Patna. 3. The Commissioner and Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Main Secretariat, Patna. 4. The Additional Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. .... .... Respondents-Respondents ====================================================== Appearance : For the Appellant : Mr. Ajay Thakur, Advocate with Mr. Md. Fazal Rahman, Advocate For the Respondents : Mr. Rakesh Kr. Samrendra, SC-21 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 21-10-2011 Interlocutory Application No. 7351 of 2011: Delay of 59 days occurred in filing the Letters Patent Appeal is condoned. Patna High Court LPA No.1554 of 2011 (2) dt.21-10-2011 2 / 2 2 Interlocutory Application stands disposed of. Letters Patent Appeal No.1554 of 2011: Feeling aggrieved by the order dated 17th May 2011 made by the learned single Judge in above C.W.J.C. No. 7001 of 1997, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The subject matter at dispute is grant of senior selection grade to the appellant on completion of specified period of service. It is apparent that the learned single Judge has disposed of the writ petition as having become infructuous in absence of the learned advocate representing the appellant. It appears to us that in spite of passage of time and the retirement of the appellant, on reaching the age of superannuation, the appellant would still be entitled to the monetary benefits in case he succeeds in the writ petition. Besides, the counter affidavit filed by the State Government is not on record. For the aforesaid reasons, the Appeal is allowed. Impugned order dated 17th May 2011 made by the learned single Judge in above C.W.J.C. No. 7001 of 1997 is set aside. C.W.J.C. No. 7001 of 1997 is remitted to the learned single Judge for hearing and decision afresh. Learned advocate Mr. Rakesh Kumar Samrendra appears for the State of Bihar. He states that he should file the counter affidavit to the writ petition as early as possible but not later than 30th November 2011. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)