IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10312 of 2005 SMT.SUSHILA DEVI wife of Chhatu Paswan, resident of village Akbarpur, P.S. Kahalgaon, District Bhagalpur, at present residing at village Banshi Tekar, P.S. Sabour, District Bhagalpur. Versus 1.THE STATE OF BIHAR 2.The Director, Welfare Department, Govt. of Bihar, Patna. 3.The Deputy Director, Welfare, Bhagalpur, Division Bhagalpur. 4.The Assistant Director, Welfare Department of Welfare, Govt. of Bihar, Patna. 5.The District Welfare Officer, Bhagalpur. 6.The Principal, Sundarwati Womens’ College, Bhagalpur. ----------- 2 5/1/2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this application is for grant of writ of mandamus commanding the Respondents to reinstate the petitioner on the post of “Rasoiya” in the Adivasi Mahila Kalyan Hostel of Sundarwat Women’s College, Bhagalpur and accept her joining on the said post after condoning her long absence from duty due to prolonged illness although several representation were filed by the petitioner before the authorities concerned as the petitioner was validly appointed on the said post on 14.1.1982 by the Deputy Director, Welfare, Bhagalpur Division (Respondent No.3).” Counsel for the petitioner would submit that the petitioner was appointed on 14.1.1982 and after some time she on account of illness could not report on duty and later on when she had recovered from illness her joining was not 2 accepted by the controlling authority. Counsel for the State however with the help of stand taken in the counter affidavit has submitted that petitioner’s appointment of the year 1982 came to an end immediately after February, 1985, inasmuch as, she had remained absent from duty after February, 1985. Admittedly, the writ application with regard to cause of action of the year 1985 has been sought to be raised after more than twenty years by filing of this writ application on 19.8.2005. The petitioner in fact was a temporary government servant whose appointment on the post of Cook was not even confirmed. The absence of the petitioner from the duty for a long period of more than fifteen years and her reporting on duty for the first time only in the month of May, 2000 would go to show that she had no enforceable right by virtue of which she could claim reinstatement of her service. Her medical certificate also does not show any chronic ailment and in fact the doctor has certified that the petitioner was suffering from fever, chest pain and cough. The medical certificate therefore also does not inspire confidence. Be that as it may, the delay alone of more than twenty years in filing of this writ application is good enough for its dismissal and consequently, the petitioner has also miserably failed to explain the delay in moving 3 this Court this writ application is fit to be dismissed only on the ground of delay and laches. That being so, this writ application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)