IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.1504 of 2010 IN CWJC 6802/2003 WITH I.A. No. 8485 of 2010 IN LETTERS PATENT APPEAL No.1504 of 2010 ========================================= KISHORE KUMAR SINGH @KISHOR KUMAR SINGH - Appellant Versus THE STATE OF BIHAR & ORS- Respondent(s) ========================================= Appearance: For the Appellant : Mr. UMESHWAR PD.SINGH For the Respondent: Mr. PANKAJ KUMAR SINHA, AC to SC-3 ========================================= CORAM:HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02. 28.09.2010 Reg: I.A. No. 8485 of 2010 This application under Section 5 of the Limitation Act is filed by the appellant for condonation of delay of two days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. I.A. stands allowed. Letters Patent Appeal No. 1504 of 2010 Heard learned advocates. This Appeal preferred under Clause 10 of the 2 Letters Patent arises from the judgment and order dated 5th November 2009 passed by the learned Single Judge in above C.W.J.C. No. 6802 of 2003. The appellant is a Muharrir appointed under the District Collector, Munger. In the above writ petition filed by the appellant he claimed that the Muharrirs appointed under the District Collector are, as a matter of course, absorbed in the service as Assistants. In spite of the long standing convention the appellant has not been absorbed as an Assistant/Clerk. The appellant, therefore, sought a writ of mandamus directing the respondents to absorb/adjust the appellant in service of Clerk under the District Collector. The writ petition was contested by the respondents. It was denied that the Muharrirs were earlier absorbed in the service as Clerks. Since the year 1995, the selection for post of Clerk is made by the Bihar Public Service Commission. Unless the appellant was selected by the Bihar Public Service Commission, he could not have a claim for adjustment/appointment as a Clerk. In the aforesaid facts situation, the learned Single Judge has rejected the claim of the appellant. However, the learned Single Judge has directed that the appellant’s case for selection and appointment as Clerk be considered with other Class-IV employees for promotion to the posts of Clerk. Feeling aggrieved the appellant has preferred the present Appeal. 3 Learned advocate Mr. Umeshwar Prasad Singh has appeared for the appellant. He has submitted that the question is that of legitimate expectation. Until now every Muharrir employed in the District Collectorate is employed as a Clerk. The appellant could not have been discriminated. We do appreciate the anxiety of the appellant. However, principle of legitimate expectation cannot be pressed into the service contrary to the statutory rules of recruitment. At the most, the appellant could have been considered for appointment as Clerk along with other Clause-IV servants. No case for interference is made out. The appeal is dismissed in limine. Interlocutory Application stands disposed of. S.Sb/- (R.M. Doshit, CJ.) (Jyoti Saran, J.)