IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.999 of 2008 MD.AINUL HAQUE SON OF LATE HAJI MD.ANISUL HAQUE, RESIDENT OF MOHALLA- POKHARIA, WARD NO.18, P.O.- BEGUSARAI, POLICE STATION- BEGUSARAI TOWN, DISTRICT- BEGUSARAI……..PETITIONER/APPELLANT Versus 1. THE STATE OF BIHAR 2. THE BLOCK DEVELOPMENT OFFICER, TEGRA, DISTRICT- BEGUSARAI 3. THE DISTRICT PANCHAYAT RAJ OFFICER, BEGUSARAI 4. THE DISTRICT MAGISTRATE, BEGUSARAI 5. THE CIRCLE OFFICER, MATIHANI, BEGUSARAI ……………..RESPONDENTS ----------- For the Appellant : Mr.Anwar Karim, Advocate For the State : Mr.Rajesh Kr.Singh, J.C. to A.A.G.II. ----------- 2. 19.12.2008 Reg : I.A.No.7561 of 2008 This application has been filed for condoning the delay in filing the appeal. Heard. For the reasons stated in the application, delay in filing the appeal is condoned. Application stands allowed. With the consent of the party, we have taken this appeal for admission. Writ petitioner-appellant, aggrieved by the order dated 9.7.2008 passed by a learned Single Judge in C.W.J.C.No.1974 of 2005, has preferred this appeal under clause 10 of the Letters Patent. Mr.Anwar Karim, appears on behalf of the appellant. State is represented by J.C. to A.A.G.II. Writ petitioner-appellant filed the writ application for 2 payment of salary for the period January, 1996 to October, 1996. The learned Single Judge taking into account the plea taken in the counter affidavit that writ petition remained absent and all the leaves admissible being availed, he is not entitled for the salary for the said period. We do not find any error in the same. There is yet another impediment in the way of the writ petitioner, although the non-payment of salary for the period January, 1996 to October, 1996 is complained, but the writ application was filed in the year 2005. We do not find any merit in the appeal and it is dismissed accordingly. (Chandramauli Kr.Prasad, ACJ.) ( Dr. Ravi Ranjan, J.) Narendra/