IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.284 of 2007 SACHIDA NAND PRASAD, Son of Late Surya Narayan Prasad, resident of Sushma Enterprises Furniture Shop Near, Gandhi Chowk, P.S. Munger, District- Munger. .... Appellant. Versus 1. The State of Bihar through the Secretary, Public Works Department (Road Construction), Government of Bihar, Patna. 2. The Secretary, Public Works Department, Government of Bihar, Patna. 3. The Engineer-in-Chief, Public Works Department (Road Construction), Government of Bihar, Patna. 4. The Superintending Engineer, Public Works Department (Road Construction) East Bihar Circle, Bhagalpur. 5. The Executive Engineer, Public Works Department (Road Division), Munger. 6. The Commissioner, Munger Division, Munger. ...... Respondents. ----------- 04- 21.07.2009 Heard Mr. Ashok Kumar Keshari for the appellant, and Mr. Manu Shankar Mishra, learned Government Pleader No.10. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by the petitioner of C.W.J.C. No.13402 of 2004 (Sachida Nand Prasad Vs. The State of Bihar and others), and is aggrieved by the order dated 8.8.2006, whereby the writ petition was disposed of with the direction to the respondent authority to consider the petitioner’s representation for exemption from passing the departmental examination. 2. A brief statement of facts essential for the disposal of the appeal may be indicated. 2 The writ petitioner was given first time-bound promotion with effect from 25.5.1986. The same was cancelled by order dated 31.1.2004. The petitioner superannuated from the services of the Bihar Government with effect from 31.7.2004, while he was functioning as Accounts Clerk. This was followed by the order dated 20.10.2004, directing for recovery of a sum of Rs.1,61,198/- from the superannuation benefits of the writ-petitioner being the amount received on account of erroneous grant of the first time-bound promotion. He challenged the same by preferring the aforesaid C.W.J.C. No.13402 of 2004, which was disposed of by order dated 8.8.2006, whereby he was directed to submit a representation before the concerned authority to consider the issue relating to exemption from appearing in the departmental accounts examination. During the pendency of the present appeal, the petitioner’s representation has been rejected. The petitioner has challenged the same by preferring C.W.J.C. No.3427 of 2007 which is still pending. 3. While assailing the validity of the said order dated 8.8.2006, learned counsel for the appellant submits that the same is erroneous and completely overlooks the following reported judgments. 3 (i) (2009)3 S.C.C. 475 (Syed Abdul Qadir and others Vs. State of Bihar and others). (ii) (2009)3 S.C.C. 117 (State of Bihar and others Vs. Pandey Jagdishwar Prasad). (iii) 2007 (2) P.L.J.R. 12 (Mosomat Rabiya Khatoon Vs. The State of Bihar and others). 4. The learned Government Counsel has opposed this appeal. 5. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to us that the order permitting the petitioner to file representation has already been carried out, and the order of the respondent authorities rejecting the representation is already pending consideration in this Court in C.W.J.C. No.3427 of 2007. The same renders the present appeal infructuous. In that view of the matter, we do not wish to proceed further in the matter. 6. The appeal is dismissed. (S K Katriar, J.) (Jyoti Saran, J.) S.K.Pathak/