IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.112 of 2008 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY TO THE GOVERNMENT OF BIHAR, PATNA 3. THE COMMISSIONER & SECRETARY, LABOUR EMPLOYMENT AND TRAINING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA ………… APPELLANTS Versus OM PRAKASH ………… RESPONDENT ----------- For the appellants: Mr. Anjani Kumar Sharan, SC - XX For the respondent : Mr. Mukesh Kumar Jha, Advocate --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 21st October, 2008 We are of the view that delay in filing the appeal, for which an application (IA. NO.743 of 2008) has been made, may be condoned. We order accordingly. We are also of the view that the appeal can be disposed of with little modification as indicated below. 2. In paragraph – 12 of the counter affidavit filed by the respondent no.3, the following statement has been made: “That with regard to the statement made in para -4 of the writ petition under reply it is stated and submitted that it is not true. The petitioner is eligible for promotion to the post of Joint Director (Training) with effect from 30.8.1994.” 3. In view of the afore noticed admitted position, the case set up in the appeal that in the year, 1993, the present respondent (original petitioner) was facing disciplinary proceedings, 2 wherein he was exonerated in the year 1996 and thereafter the Departmental Promotion Committee recommended for his promotion in the year 1997 does not deserve to be accepted. 4. In our considered view, the modification in the order dated 13th July, 2007 that needs to be made is that promotion given to the petitioner (present respondent) to the post of Joint Director (Training) shall be effective from 30th August, 1994 as has been admitted by the respondent no.3 in the counter affidavit and not 6th April, 1994 as ordered by the single judge. 5. With the aforesaid modification, appeal is disposed of. This disposes of applications for condonation of delay (IA. No.743 of 2008) as well as interim relief ( IA. NO.744 of 2008). R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-