IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1392 of 2010 In CWJC No. 588 of 2010 With I.A. No. 7791 of 2010 ================================================ Vijay Kumar Singh, son of Shri Arjun Singh, R/o Village & Post Masarhi, Via and P.S. Fatuha, District – Patna, at present Kankarbagh Colony, Mohalla Chandmari, Road No. 1, P.S. Kankarbagh, District – Patna ………….…… Appellant / Petitioner. Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna, 2. The Bihar Public Service Commission through the Chairman, Bailey Road, Jawahar Lal Nehru Marg, Patna, 3. The Personnel & Administrative Reforms Department, Govt. of Bihar, Patna …………………………... Respondents / Respondents. ================================================ Appearance: For the appellant: Mr Syed Arsad Alam, Advocate. For the State: Mr Ram Subhash Singh, AC to AAG VI. For the BPSC: Mr Sanjay Pandey, Advocate. =============================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR JUSTICE JYOTI SARAN ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE) 3. 14.09.2010. Re. I.A. No. 7791 of 2010. This application under Section 5 of the Limitation Act is filed by the appellant for condonation of delay of 14 days occurred in filing the Letters Patent Appeal. On the facts and circumstances of the case, the delay is condoned. 2 I.A. No. 7791 of 2010 stands disposed of. Re. LPA No. 1392 of 2010. This Appeal preferred under Clause 10 of the Letters Patent arises from the order dated 28.06.2010 made by the learned single Judge in the above CWJC No. 588 of 2010. The appellant-writ petitioner claims that he was an employee of the Awar Seva Chayan Parishad. The said Parishad was merged with the Bihar Public Service Commission (hereinafter referred to as `the Commission’) in the year 1992. All the employees of the Parishad were absorbed in the service of the Commission. Nevertheless, the appellant was not absorbed in the service of the Commission. Though the cause of action arose in the year 1992, the appellant approached this Court in the year 2001 in CWJC No. 1374/2001. The said Writ Petition was withdrawn by the appellant on 01.02.2001 with liberty to pursue his grievance before the appropriate forum. Since then the appellant filed the above Writ Petition in the year 2010. Evidently, on 28.06.2010 the learned single Judge dismissed the Writ Petition on the principle of constructive res judicata. We agree with the learned single Judge. Besides, the cause of action is too stale to be entertained in a petition under Article 226 of the Constitution. No case for interference is made out. The Appeal is dismissed in limine. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )