IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.881 of 2011 Binod Kumar son of Sri Kapildeo Singh, resident of village Maur, PS Barbigha District Sheikhpura .......Appellant Versus 1. The State Of Bihar through the Commissioner cum Secretary, Animal Husbandry, Government of Bihar having his office in Vikash Bhawan, New Secretariat, PS Sachivalaya District Patna 2. The Director, Animal Husbandry, Government of Bihar having his office in Vikash Bhawan, New Secretariat, PS Sachivalaya District Patna 3. The Joint Director, Animal Husbandry, Government of Bihar having his office in Vikash Bhawan, New Secretariat, PS Sachivalaya District Patna 4. The Deputy Director, Animal Husbandry, Government of Bihar having his office in Vikash Bhawan, New Secretariat, PS Sachivalaya District Patna 5. The Regional Director, Animal Husbandry, having his office in Combind Building Bhagalpur, PS Bhagalpur District Bhagalpur ......Respondents ----------- 3 21-06-2011 Heard the parties in respect of limitation application. For the reasons mentioned therein, the delay in preferring this appeal is condoned. Heard the parties on merits. Learned counsel for the appellant submits that there is material difference in facts so far as the case of the appellant is concerned vis a vis that of the concerned employee covered by the judgement of the Apex Court in the case of State of Bihar Vs. Upendra Narayan Singh & Ors (2009) 5 S.C.C. 65. It was specifically submitted on behalf of the appellant that his appointment was under the orders of 2 the Director, Animal Husbandry communicated by the Deputy Director in the year 1988 and on that account the subsequent decision vesting power of appointment in Regional Director, Animal Husbandry will not affect the case of the appellant. Since the writ petition appears to have been dismissed on merits when counsel for the petitioner could not appear, it appears just and proper to give one opportunity to the appellant to present his case before learned writ court. For that reason, the order under appeal is set aside and the matter is remitted back to the writ court for reconsideration on merits. BKS/- (Shiva Kirti Singh, J.) (V. Nath, J.)