IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1713 of 2009 MD.SALIMUDDIN Versus THE STATE OF BIHAR & ORS ----------- 2 3/2/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner for retrospective promotion from the year 1982 cannot be given by the writ Court as it is apparent from the order as contained in Annexue-3, dated 13.1.1994 that the said promotion of the petitioner was notified on a temporary basis only with effect from the date of notification i.e, 13th January, 1994. Counsel for the petitioner, however, submits that there was a direction of this Court in the judgment dated 5th May, 1982 (Annexure-1) to consider the case of the petitioner and other Junior Engineers and such the promotion so notified in 1994 should have been given a retrospective effect i.e. from 1982. This Court, however on perusal of the said judgment, would find that all that was said therein was that the cases 2 of the petitioners will be considered when appointments are to be made in accordance with rules. In absence of any specific direction to give retrospective promotion to the petitioner since 1982 when such consideration and consequential promotion of all the Junior Engineers even senior to the petitioner was notified in 1994 promoting all of them w.e.f. 13.1.1994, the belated individual grievance of the petitioners after 15 years of the cause of action if any must be rejected at the very threshold specially when there is no whisper in the writ application that any person junior to the petitioner has been promoted on the Assistant Engineer from an earlier date much less from 1982. Even otherwise, the cause of action, if any, for retrospective promotion of the petitioner had arisen some 15 years back on 13.1.1994 and thus the petitioner having retired from service in the year 2005 cannot be permitted to raise such a belated claim of 37 years back in the writ application filed on 2.2.2009. 3 Infact there is also absolutely no explanation whatsoever for such a gross delay and laches on the part of the petitioner in filing of this writ application. Thus for the reasons indicated above, this writ application must be and is hereby dismissed. (Mihir Kumar Jha, J.) Abhay Kumar