IN THE HIGH COURT OF JUDICATURE AT PATNA. CWJC No.6905 of 2008 DR.PRATIMA ROY @ PRATIMA ROY Versus THE STATE OF BIHAR & ORS ----------- 2 5/5/2008 Heard the parties. In this case only dispute is that as to whether date of substantive appointment of the petitioner is 5.6.1976 or 1.4.1981. Counsel for the petitioner contends that by Government notification dated 26/5/1976 the petitioner came to be appointed on a temporary post without concurrence of the Bihar Public Service Commission, and ultimately her services were regularized upon concurrence by the Bihar Public Service Commission by a notification dated 4.5.1981, and therefore, she ought to have been given date of entry in the cadre w.e.f. her first appointment on 5.6.1976 instead of 1.4.1981. This Court cannot entertain such belated claim of the petitioner. If the petitioner was aggrieved by such notification dated 4.5.1981 she had a cause of action in 1981 and after 27 years she cannot be allowed to agitate the same in this writ application. The entry in the cadre has to be made in accordance with rule and regulation with prior approval/recommendation/concurrence of the Commission. In fact the petitioner has already taken voluntary retirement with effect from 1.4.2006 and therefore after more than two years of her ceasing to be a government servant, she cannot now be permitted to reopen the whole issue regarding the date of her appointment for the purpose of promotion under Accelerated Career Promotion (ACP) Scheme. This writ application is wholly misconceived and is accordingly dismissed. ( Mihir Kumar Jha, J.) Abhay Kumar.