Shyam Kishore Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.341 of 2014 ===========================================================

1. Shyam Kishore Singh S/O - Late Jagat Narayan Singh R/O - Village - Kali, P.O. - Dilahi, District - Darbhanga .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Director, Primary Education, Govt. Of Bihar, Patna

3. The Regional Deput Director Of Education, Darbhanga

4. The District Education Officer, Darbhanga

5. The District Programme Officer (Estt.), Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. RAJEEV KUMAR SINGH For the Respondent/s : Mr. SANJAY PANDEY =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 02-02-2015 *************** 02.02.2015 Heard learned counsel for the parties.

The benefit of promotion granted to the petitioner was subject to his joining the post within 15 days of the notification. The notification was issued on 24.11.1995. Petitioner superannuated on 30.11.1995. Obviously, he has not shouldered the responsibility of the higher post, he cannot be given the benefit of higher pay-scale, more so, after two decades of his superannuation, whatever be the explanation for not asserting his right well within time or assailing the decision or the notification in the very first place. The via media of submissions cannot be now looked into and this Court is not willing to read out the notification after

Patna High Court CWJC No.341 of 2014 dt.02-02-2015 2/2 more than 20 years of its issuance.

Submission of the counsel that the petitioner had no knowledge about the said notification may not do.

Writ application stands dismissed.

(Ajay Kumar Tripathi, J.) SKM/- U