IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5263 of 2011 BINDESHWARI CHOUDHARY, Retd. Executive Engineer, Son of Late Kailash Choudhary, resident of Mohalla- Pakri Ara New Colony, Surya Mukhi Sadan, P.O. Pakri Arrah, P.S. Arrah, District-Bhojpur ------------------ Petitioner Versus 1. THE STATE OF BIHAR through Secretary, Water Resources Department, Sichai Bhawan,Patna 2. Deputy Secretary, Water Resources Department, Sichai Bhawan,Patna 3. Joint Secretary, Water Resources Department, Sichai Bhawan,Patna 4. Executive Engineer, Drainage Division, Hajipur at Vaishali 5. Accountant General , Bihar, Birchand Patel Patna,Patna ---------------------- Respondents. ----------- 02 24-03-2011 Heard Sri Shiv Shankar Sharma, learned counsel, who was assisted by Sri Arun Kumar Sinha, learned counsel for the petitioner and Sri Dilip Kumar, learned A.C. to Government Advocate no.2. The present writ petition has been filed for directing the Respondents to count the service rendered by the petitioner in Gandak Design Division No.2, Punaichak,Patna on the post of non-gazetted Engineer assistant from 5.5.1964 to 6th October,1966 and accordingly fix the pension and other retiral benefits. The petitioner retired with effect from 31.1.1997 as Executive Engineer. The present writ petition has been filed on 18.3.2011 after lapse of a considerable time. The petitioner has stated in paragraph nos. 6 and 7 of the petition that he had appeared in the interview conducted by Bihar Public Service Examination and was selected for the post of Assistant Engineer 2 and he joined as Assistant Engineer in Water Resources Department on 7th October, 1966 after relieving on 6th October, 1966 from the office of Gandak Design Division No.2. However, he has not brought on record the appointment letter, whereby he was appointed as Assistant Engineer. From Annexure-5 to the petition, which is a communication sent by the Executive Engineer, Jal Nissaran Pramandal, Hajipur ( Vaishali) to the petitioner, whereby in reply to the representations dated 14.03.2009 and 4.4.2009 of the petitioner, he replied that in absence of availability of record , no information is possible to be furnished. The Court is of the opinion that in such a stale matter the writ jurisdiction cannot be invoked. Accordingly, the writ petition stands dismissed. NKS/- ( Rakesh Kumar,J.)