IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1000 of 2010 1. THE STATE OF BIHAR, through Secretary, Water Resources Department,Sinchai Bhawan, Patna 2. The Under Secretary, Water Resources Department, Govt. of Bihar, Sinchai Bhawan, Patna 3. The Chief Engineer, Research and Training Irrigation Investigation Institute, Khagaul, Patna 4. The Additional Director, Division No.-4, Irrigation Research and Investigation Institute, Khagaul, Patna -------------Appellants. Versus BACHCHA PANDEY, Son of Late Ganesh Pandey Resident of Village-Manjharia, Police Station Bhairoganj, District-West Champaran. ----------------Respondent. ----------- 4 12.10.2010 Heard Mr. Jainendra Kumar Singh, learned Assistant Counsel to Government Advocate-10 for the appellants, and Mr. R.N. Mukhoupadhyay for the respondent. Learned counsel for the appellants presses I.A. No. 5510 of 2010, filed under the provisions of Section 5 of the Limitation Act, seeking condonation of the delay of 72 days in preferring this appeal. The explanation for the delay in filing the appeal is unsatisfactory. Furthermore, it appears to us from a perusal of order of the learned Single Judge and impugned in this appeal, that the appellants have no case on merits. The writ petitioner had started serving the State Govt. in the work-charge establishment, and continued for a fairly long length of time, and after serving 14-20 years, his services were confirmed, whereafter he was reverted. The learned Single Judge has allowed C.W.J.C. No. 13721 of 2003, inter alia, on the ground that the writ petitioner did not lack the basic qualification for confirmation. There is no indication that the writ petitioner was guilty of any fraudulent act. In such a situation, we find that the appellants have no case on merits. We are, therefore, not 2 inclined to condone the delay in filing the appeal. I.A. No. 5511 of 2010 is accordingly dismissed. Consequently the appeal has become incompetent and cannot proceed. This appeal is dismissed. (S.K. Katriar, J) M.Rahman ( Birendra Prasad Verma, J )