IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1126 of 2011 In Civil Writ Jurisdiction Case No. 1711 of 2005 With Interlocutory Application No. 5378 of 2011 In Letters Patent Appeal No.1126 of 2011 ====================================================== 1. The Director, Indira Gandhi Institute of Medical Science Sheikhpura, Patna .... .... Respondent/Appellant Versus 1. Akhileshwar Prasad S/O Late Durga Prasad Thakur R/O Vill. and P.O.- Rampur Pakri, P.S.- Masrath, Distt.- Saran …. …. Petitioner-Respondent 2. The State of Bihar 3. The Commissioner-cum-Secretary, Health Department, Government of Bihar, Patna 4. The Chief Administrative Officer, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna 5. The Chief Accounts Officer, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna 6. The Superintendent Engineer, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1126 of 2011 (2) dt.10-08-2011 2 / 3 2 2. 10.08.2011 Interlocutory Application No. 5378 of 2011: Delay of 154 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1126 of 2011: This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 4th January 2011 passed by the learned single Judge in above C.W.J.C. No. 1711 of 2005. The learned single Judge has noted that the writ petitioner was allowed to hold current charge of the post of Executive Engineer since 12th January 2000. Nevertheless, he was not promoted as such till 1st October 2005. In that view of the matter, the learned single Judge has directed the appellant Indira Gandhi Institute of Medical Sciences, Patna to grant the monetary benefits of higher pay of Executive Engineer to the writ petitioner from 12th January 2000, the date from which he was holding the charge. Therefore, the present Appeal. Learned advocate Mr. Sunil Kumar Singh has appeared for the appellant. He has submitted that until 1st October 2005, the writ petitioner was not eligible for promotion as Executive Engineer and that the Board of Governors of the Institute did not approve of payment of salary to the writ petitioner from 12th January 2000. The submissions made before us are a new case made out by the learned advocate in the present Appeal. In the writ petition the appellant Institute did not raise the plea that the writ petitioner was not eligible for promotion until 1st October 2005; nor did it produce the relevant service regulations. Patna High Court LPA No.1126 of 2011 (2) dt.10-08-2011 3 / 3 3 Learned advocate has relied upon the judgment of the Hon’ble Supreme Court in the matter of Sreedam Chandra Ghosh v. State of Assam, [(1996) 10 SCC 567]. We are afraid, the appellant cannot be allowed to raise a new plea in the Letters Patent Appeal. Appeal is dismissed in limine. Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)