Man Mohan Prasad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8847 of 2008 ====================================================== Man Mohan Prasad , aged about 68 years, son of Late Shashi bhushan Prasad, resident of village Khagra, P.O. Batsar, P.S. Dheraia, District banka .... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. District Magistrate, Bhagalpur cum Collector, Bhagalpur Collectorate, Bhagalpur
3. Block Development Officer, Gopalpur Block, Bhagalpur
4. Block Development Officer, Rangra Block, Bhagalpur .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kr.Sinha For the Respondent/s : AC to SC No. 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner and learned AC to SC No.20.
The petitioner, who admittedly retired in the year 2000 has approached this court invoking its writ jurisdiction under Article 226 of the Constitution of India with a prayer to make correction in respect of date of time bound promotion given to the petitioner, which was granted in the year 1990. The petitioner claims that he was eligible to be given time bound promotion in the year 1981 itself, but since he had not passed Accounts Examination, earlier, he was not granted promotion and he passed the said examination in the year 1990, and thereafter, he was given first time bound promotion from the
Patna High Court CWJC No.8847 of 2008 (5) dt.09-04-2015 2/2 year 1990 and he was subsequently given 2nd time bound promotion with effect from 1995.
If for the time being it is accepted that the claim of the petitioner is genuine, the court is of the opinion that first of all cause of action arose for the petitioner in the year 1990. There is no plausible explanation for approaching this court after eighteen years. In such stale matter, no order is required to be passed. The writ petition stands dismissed.
(Rakesh Kumar, J) Praful/- U