IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1146 of 2009 VIRENDRA KUMAR KESHARI @ BIRENDRA KUMAR KESHARI, S/o. late Ram Bhujawan Prasad, retired Draftsman, Bhagalpur College of Engineering Bhagalpur, Resident of Village- Brahampura, P.S. Motipur, District- Muzaffarpur. --------- Petitioner/Appellant. Versus 1. The State Of Bihar, through the Secretary, Department of Science and Technology, Government of Bihar, Patna. 2. The Director, Department of Science and Technology, Bihar, Patna. 3. The Principle, Bhagalpur, Patna. 4. The Accountant General, Bihar, Patna. 5. The District Accounts Officer, Bhagalpur. ------- Respondents/respondents. ----------- 03. 23.02.2010 Heard learned counsel for the appellant and learned counsel for the State. The order of the writ Court shows that after obtaining relief for payment of all the retrial benefits through C.W.J.C. No. 2698 of 2001 disposed of on 23.01.2006, the appellant also obtained liberty, although he had retired in the year 1999, that he may raise a claim for second time bound promotion. From undisputed facts it is apparent that he was not entitled to second time bound promotion because after first time bound promotion he had been given regular promotion with effect from 09.09.1986 and this was recorded in his service book. Now another round of litigation has been commenced by the petitioner in the year 2009 to claim 2 some benefits of payment pursuant to promotion in 9.9.1986. In our view the writ Court has rightly noticed that the conduct of the appellant is not proper and he does not deserve any indulgence in exercise of writ jurisdiction, particularly when he is raising stale claims after 23 years from 1986 when allegedly the payment became due and after ten years of his retirements. Hence, we find no merit in this appeal, it is accordingly dismissed. If the petitioner’s claim are not time barred he can maintain his claim before Civil Court, then this order will not stand in approaching the Civil Court for appropriate reliefs. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)