IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8506 of 2003 SMT.GAYANESHWARI SINHA W/O Late G.R. Prasad Sinha, resident of House No.22, West Anandpuri, Boring Canal Road, Patna. Versus 1.THE STATE OF BIHAR through the Secretary (Commissioner-cum-Secretary) Labour employment and Training department, New Secretariat, Patna. 2.The Labour Commissioner, Labour Employment and Training Department, New Secretariat, Patna. 3.Joint Labour Commissioner, Labour employment and Training Department, New Secretariat, Patna. ----------- 3 6/1/2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application reads as follows:- “(i)To a command the respondent No. 1 and 2 to give selection Grade Scale to the petitioner pursuant to the F.D. resolution No.6021 dated 18.12.89 (Annexure-1) issued by Department of Finance, Govt. of Bihar with further direction to refix pay scale of the petitioner in the Selection Grade Scale (Annexure-2) for which she is entitled and also pay the arrears of salary for those working period. (ii)For directions to the respondents nos. 1,2 and 3 to refix the petitioner’s pay scale in Senior Selection Grade from its effective date (i.e. when vacancies occurred) which has already been decided by the Additional Secretary, Department concern by letter no.2290 dated 5.7.99 (Annexure-3). (iii)For direction to the respondent Nos. 2 to 3 to recalculate the retiral benefits VISA-VIS, gratuity, leave encashment, commutation of pension and also pay the entire arrears dues. (iv)For direction to respondents 2 to recalculate petitioners pension w.e.f. 1.11.1992 till today and also pay the arrears of pension.” Admittedly, the petitioner had retired from service way back in the year 1992 and her entire claim of post retirement benefit also has been settled by the respondents as is clearly asserted in the counter affidavit. There is no denial of the facts mentioned in the counter affidavit by the petitioner and therefore this Court now must hold that the grievance of the petitioner with regard to grant of Selection Grade pay scale for the period from 1979 to 1992 i.e, before her retirement is also not only stale but also barred by unexplained delay and laches. That being so, this application is dismissed. Abhay Kumar (Mihir Kumar Jha, J.)