Patna High CourtL.P.A/157/2015dismissed

Rameshwar Prasad Bishwakarma v. Bihar State Road Transport Corporation And ANR

2016-04-05Mr. Justice Ahsanuddin Amanullah,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No. 157 of 2015 Arising out of Civil Writ Jurisdiction Case No. 10659 of 2011 Along with Interlocutory Application No. 724 of 2015 =========================================================== Rameshwar Prasad Bishwakarma, Son of Late Bishwanath Bishwakarma, resident at Daudpur, P.O. Daudpur, P.S. Shahpur, District- Patna. .... ....Petitioner/Appellant/s

Versus

1. Bihar State Road Transport Corporation, Sultan Palace, Birchand Patel Path, Patna to its Managing Director.

2. The Managing Director, Bihar State Road Transport Corporation, Sultan Palace, Birchand Patel Path, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

Mr. Bipin Bihari Singh & Mr. Rakesh Ranjan, Advocates.

For the Respondent/s :

Mr. P. K. Verma, Sr. Advocate.

Mr. Lakshmi Kant Tiwary, Advocate.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 05-04-2016 Re.: Interlocutory Application No. 724 of 2015 For the reasons mentioned in the application, the delay of 33 days in filing of the Letters Patent Appeal is condoned. Interlocutory Application stands disposed off accordingly.

Re.: Letters Patent Appeal No. 157 of 2015 The appeal is directed against an order passed by the learned Single Bench of this Court on 10th October, 2014 whereby the writ application filed by the appellant has been dismissed on the

Patna High Court LPA No.157 of 2015 dt.05-04-2016 2/2 ground of delay and laches.

The appellant claims promotion after his superannuation on 1st July, 1993. The first representation to claim promotion was filed on 26th May, 1995 followed by the another representation on 27th October, 2009.

The learned Single Bench has rightly found that the promotion cannot be claimed after superannuation and that too in the year 2014. We find that even the first representation was submitted after superannuation of the appellant.

We do not find any error in the order passed by the learned Single Bench of this Court which may warrant interference in the present intra-court appeal.

The Letters Patent Appeal stands dismissed.

(Hemant Gupta, J.) (Ahsanuddin Amanullah, J.) Anand Kr.

N.A.F.R.