IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7435 of 2003 Narendra Nath Das, S/o Late Anugrah Narayan Lal Das, Retired Senion Accounts Clerk, Sumitra Sadan, Dr. Rajendra Prasad Chouk, Ward No.3, Lohiya Nagar, P.S. Supaul, District Supaul. ----------- Petitioner Versus 1. The State of Bihar. 2. Irrigation Commissioner, Bihar, Patna. 3. Chief Engineer, Water Resources Department, Aurangabad, Bihar. 4. Superintending Engineer, North Koyal Dam Construction Circle, Palamu. 5. Executive Engineer, North Koyal Dam Construction Division, Palamu. ------- Respondents ----------- 3 7.12.2009 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “1. That the present writ application is being filed for issuance of writ of mandamus to the respondent authorities for allowing twelve percent benefit in the pay scale of Rs. 785-25-1135-D.Ro-25-1210 of the petitioner from 1.4.81 and further may be directed to pay all lawful dues to the petitioner after allowing 12 percent benefit immediately.” Learned counsel for the petitioner would submit that though during the pendency of this writ application the aforementioned relief has already been given to the petitioner but there would also be a necessity now to grant him 2 further relief by way of grant of Super Time Pay Scale for which he has filed I.A. No. 1844 of 2007. He would further submit that as a matter of fact, the petitioner would be entitled for grant of his pensionary benefit by directing further promotion in super time pay-scale w.e.f. 1.4.1981. In the opinion of this Court, the writ application must be circumscribed by the law of pleadings and since the prayer of this writ application till date has remained un-amended, this Court will have to proceed that the statement of the of the respondents in paragraph nos. 6, 7 & 8 of the counter affidavit which has also not been in any way controverted would seal the matter. Paragraph nos. 6, 7 & 8 of the counter affidavit reads as follows:- “6. That the petitioner has been granted his due 1fst time bound promotion from the date he desired i.e. 1.4.1981 provisionally in the pay scale of 785-1210/- (vide letter no. 1903 dated 2.8.2004 issued under the signature of Chief Engineer, Water Resources Department, Aurangabad) and the same was confirmed by the Commissioner on 28.1.2005. 3 7. That subsequently two payment orders for revised pension and for gratuity have also been issued by the office of the Accountant General (A&E), Bihar, Patna vide his office letter nos. 15175 dated 30.3.06, 45 dated 5.4.06 and 15178 dated 30.3.06 respectively. 8. That pursuant to grant of the 1st time bound promotion the arrear amount has also been received by the petitioner on 31.3.06 along with Bill No. 654/2005-06 dated 7.3.06).” As a matter of fact, in view of the aforementioned statement, this Court will have no other option but to hold that the grievance for which this writ application was filed has been fully redressed and the writ application has become infructuous. The submission of the learned counsel for the petitioner that the petitioner in fact had also become entitled for promotion in Super Time Pay Scale with effect from 1.4.1981 is only to be noted for its being rejected. The promotion in Super Time Pay Scale w.e.f. 1.4.1981 was never made the subject matter of this writ application filed on 1.8.2003 and therefore, if the respondents have answered to the original prayer of the petitioner that 4 must be the end of the matter. This Court cannot allow the petitioner to change his case or allow him to make innovation and discovery for raising an old stale claim after more than 22 years of the cause of action. The petitioner had retired on 31.1.1994 and his claim was confined to time bound promotion w.e.f. 1.4.1981 on the ground that he could not get any promotion. Once his such claim for time bound promotion was allowed, he cannot be allowed to approbate and reprobate for now claiming retrospective regular promotion. That being so, with the aforementioned observations, this application is dismissed. Rsh (Mihir Kumar Jha, J.)