IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.546 of 2006 SUDARSHAN PANJIYARA Versus THE STATE OF BIHAR & ORS ----------- 3. 31.07.2008 Heard learned counsel for the petitioner and the State. The prayer in this application is for mandamus commanding the Respondents to consider the case of the petitioner for appointment on the post of Panchayat Sevak as the matter for his appointment is pending since 1994 and on 26.1.2005 the petitioner has already crossed the upper age limit for appointment as a Panchayat Sevak. Reliance has strongly been placed on an order of this Court dated 18.1.2006 in CWJC No. 4730 of 2005 and analogous cases. The facts of the present case are glaring. As per his own case, the claim of the petitioner is pending since 1994. He has become overage on 26.1.2005. He has filed the present writ application only thereafter on 16.1.2006. Obviously, the petitioner was not vigilant for the protection of his own rights. Relaxation of age is a matter of discretion and not a right to maintain a cause of action. It stands equally settled that mere reliance on another order of the Court will not suffice to demand similar treatment when there is no justification for not having come to this Court promptly in pursuance of such order. The petitioner in this writ application placed reliance on the order in CWJC No. 391 of 1998 disposed on 25.8.1998 but there is no explanation why he did not come to this Court with promptness. Before parting this Court considers it proper to notice that - 2 - learned counsel for the State urged that the issue of appointment of Dalpati as Panchayat Sevak is sub judice in CWJC No. 6977 of 2000 and analogous cases and that the present writ petition be taken up for consideration thereafter. Learned counsel for the petitioner, however, insisted for disposal of this writ application today itself. The writ application is dismissed. AKS/ (Navin Sinha, J.)