IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.858 of 2010 1. The State of Bihar 2. The Director (Secondary Education), Bihar, Patna. 3. Regional Deputy Director of Education, Saran Division at Chapra. --- Respondents ------- Appellants. Versus Lallan Kumar Mahto, son of Sheo Bachan Prasad, resident of Mohallah-Mona Daldali Bazar, Police Station-Chapra Town, District-Saran at Chapra ---- Petitioner/Respondents. ----------- I.A. No.4591 of 2010 6. 12.10.2010 Heard learned counsel for the parties. Mr. Sunil Kumar Mandal, learned Standing Counsel No.15, presses this interlocutory application, filed under the provisions of Section 5 of the Limitation Act, seeking condonation of the delay of 371 days in preferring this appeal. We are not convinced with the explanation for the delay. It appears that it is a case of gross laches and negligence. Equally important aspect of the matter is that we do not find any infirmity in the order dated 18.3.2009, passed by the learned Single Judge in C.W.J.C. No. 12140 of 2002, and impugned in this appeal. Appointment of the petitioners on class IV posts was upheld in earlier proceedings, and it was held that the State Government and its functionaries are entirely responsible for the delay in 2 making the appointments. It appears that other appointments were made from the same panel in time. After the previous proceedings, the State Government chose to deprive the writ petitioners of the salary for the past period. The same has been granted in the writ petition. We do not find any infirmity in the impugned order. It is evident that the State Government is entirely responsible for the delay in issuance of appointment letters to the writ petitioners. It would be a futile exercise to condone the delay in a situation where the appellant has no case in the appeal. We are not inclined to condone the delay in preferring this appeal. I.A. No.4591 of 2010 is accordingly rejected. Consequently, the appeal has become incompetent and can not proceed. The appeal is dismissed. Vinay/ ( S. K. Katriar,J. ) (Birendra Prasad Verma, J.)