IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1835 of 2010 IN CIVIL WRIT JURISDICTION CASE No. 1689 of 2010 WITH INTERLOCUTORY APPLICATION No. 9733 of 2010 IN LETTERS PATENT APPEAL No.1835 of 2010 ==================================================== Kamla Prasad son of late Ram Pyare Mali, resident of Mohalla Sorangpur, P.S.-Ram Krishna Nagar, Distt.-Patna. …. …. Petitioner-Appellant Versus 1. The State of Bihar through its Secretary Higher Education Department, Government of Bihar, Patna. 2. The Principal Secretary, Higher Education Department, Government of Bihar, Patna. 3. The Principal, College of Commerce, Kankarbagh (Constituent College under M.U. Bodh Gaya). 4. The Registrar, Magadh University, Body Gaya. 5. The Finance Officer, Magadh University, Body Gaya. 6. The Member of Promotion Committee, (Non teaching) College of Commerce, Patna. 7. Bhubeneshwar Dewedi, son of late Ram Prit Dewedi, resident of Mohalla bahadurpur, Bagicha, P.S.-Bahadurpur, District-Patna at present posted as Head Clerk, College of Commerce, Kankarbagh, Patna-20. …. …. Respondents/Respondents ==================================================== Appearance : For the Appellant : Mr. Kumar Rajiv, Advocate with Mr. Kumar Kaushalendra, Advocate For the Respondent: Mr. Prashant Kumar Choudhary, A.C. to GP-7 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) - 2 - 3. 2.12.2010. Re. Interlocutory Application No. 9733 of 2010:- This application under Section 5 of the Limitation Act is made by the appellant for condonation of delay of 31 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No. 1835 of 2010:- The appellant-writ petitioner having served for 44 years in the College of Commerce, Kankarbagh submits that he has not yet reached the age of superannuation and that he has a right to continue in service until he reaches the age of superannuation. The appellant claims that he was born in the year 1953. His entry in service as Laboratory Boy was in the year 1965. He has thus not yet attained the age of superannuation. We are unable to comprehend the claim made by the appellant. It is hard to believe that the appellant secured the job at the age of 12 years. The claim of the appellant is a cock and bull story and cannot be believed. The learned Advocate Mr. Kumar Rajiv has appeared for the appellant and he has produced the copy of the school leaving certificate dated 25th February 1978, which shows that he had entered the school on 19th January 1963. We wonder, though the appellant had school leaving certificate indicating his date of birth why did he not produce it at the time of entry in service and that his age was required to be ascertained by medical examination. - 3 - The claim of the appellant is not believable. The learned single Judge has rightly dismissed the writ petition. No case for interference is made. The Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)