Patna High CourtCWJC/9535/2014dismissed

Lakshandeo Singh v. The State Of Bihar And ORS

2016-11-30Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9535 of 2014 =========================================================== Lakshandeo Singh, Son of Late Deo Narayan Singh, resident of village Kuriya, P.S. Pipra, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Human Resources Development Department, Bihar, Patna.

3. The Deputy Secretary, Primary and Adult Education Department, Bihar, Patna.

4. The District Collector, Motihari East Champaran.

5. The District Superintendent of Education, East Champaran at Motihari.

6. The Regional Education Officer Education Department, East Champaran. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Respondent/s : Mr. Lallan Kumar, AC to GP-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 30-11-2016 Heard learned counsels for the parties.

Writ application is dismissed on the sole ground that a dead issue after more than 20 years is not required to be entertained. Petitioner superannuated on 29.02.1996. The scheme of time-bound-promotion or super-time scale which the petitioner is looking for ended on 01.01.1996. If the petitioner had any grievance then, then he should have agitated the issue while he was still in service, especially when his claim relates to 01.01.1986 when the scheme was notified.

For the above reasons, the Court is not willing to exercise discretion in such matters, especially when categorical

Patna High Court CWJC No.9535 of 2014 dt.30-11-2016 2/2 stand of the State is that the petitioner does not come within the zone of consideration and it is not even a case that the respondents have not entertained such a request of the petitioner for his consideration.

In view of the aforesaid facts and circumstances, writ application is dismissed.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

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