1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4020 of 2006 RAM PRAKASH SHARMA, S/O LATE MITO SHARMA, R/O VILLAGE SHANKARPUR, P.S. MUFASSIL MUNGER, DISTT MUNGER, RETIRED HEAD ASSISTANT PRIMARY HEALTH CENTRE, KATARI, DISTT. SHEIKHPURA. ............PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY, DEPTT. OF HEALTH, GOVT. OF BIHAR, PATNA. 2.DIRECTOR IN CHIEF, HEALTH SERVICES, BIHAR, PATNA. 3.THE REGIONAL DEPUTY DIRECTOR OF HEALTH, MUNGER, DIVISION, MUNGER. 4.THE CIVIL SURGEON, SHEIKHPURA, DISTRICT SHEIKHPURA. 5.INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, KATARI, SHEIKHPURA. ………………….RESPONDENTS. ----------- 05/ 22.06.2011 Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows:- “That this application is being filed for issuance of a writ in the nature of mandamus commanding and directing the respondents concerned to grant pay scale of super time senior selection grade promotation to the petitioner w.e.f. 1.4.1992 in view of Govt. circular which has not given to the petitioner illegaly and arbitrarily despite the fact that petitioner has already retired from the service on 31.1.1998 as also for payment of consequential monetary benefit.” From the aforementioned prayer it would be clear that when this writ application was filed on 27.03.2006 with regard to the cause of action of 01.04.1992, 2 the petitioner was required to give at least some explanation for the delay of 14 years in moving this Court for the aforementioned relief. There is, in fact no explanation whatsoever in the writ application explaining the delay of 14 years and only some reference has been made as with regard to the petitioner awaiting result of his representations filed before the competent authority for grant of promotion in the Super Time Senior Selection Grade. Filing of such representation and awaiting result in no event can be taken to be accepted as an explanation for the delay of 14 years and therefore, this writ application has to be held to be wholly belated. As a matter of fact, the petitioner had also superannuated from service on 31.01.1998 and therefore, if he did not claim his benefit of promotion of the service period which had allegedly been due to him from 01.04.1992, he cannot be allowed to now raise such a claim for his retrospective promotion by filing the writ application 3 after more than 8 years of his retirement. It is well known that the promotion in the Super Time Senior Selection Grade is based on seniority and once this Court would entertain such a stale claim of the petitioner, it would also result into reopening of a large number of cases of such persons who may then claim retrospective promotion on the basis of the promotion of the petitioner. Finally, this Court would also like to make it clear that at least from reading of the writ application and the connected representations filed by the petitioner, it does not appear that any one junior to the petitioner was ever given promotion in Super Time Senior Selection Grade of Assistant. Such promotion, therefore, being a regular promotion, if no one junior to the petitioner had been given promotion, the petitioner cannot claim promotion as a matter of right w.e.f 01.04.1992, only on the basis that he had completed the prescribed kalawadhi on 01.04.1992. The completion of kalawadhi and notifying the promotion are two different 4 aspects and merely because the petitioner has kalawadhi for promotion, he would not become entitled for grant of promotion w.e.f. 01.04.1992. In that view of the matter, this Court does not find any merit in this application and the same is accordingly dismissed. Ranjan (Mihir Kumar Jha, J.)