IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14752 of 2005 Nirmal Kumar, S/o Late Shyam Nath Mistri, resident of village- Nagawan, P.S.- Naubatpur, Distrit- Patna. ..... Petitioner. Versus 1. The State of Bihar. 2. The Chairman, Bihar State Electricity Board, Bidyut Bhawan, Bailey Road, Patna. 3. The General Manager-cum- Chief Engineer, Central Area Board, Patna. 4. The Superintending Engineer, Patna Electrical Circle, Patna. 5. The Executive Engineer, Electrical Supply Division, Patna. 6. The Sub-Divisional Engineer, Electrical Supply Sub-Division, Naubatpur. .... Respondents. ----------- 07- 7.11.2008 Heard Mr. Uma Shankar Tiwary for the petitioner, and Mr. Abbas Haidar, learned junior counsel to Standing Counsel No.8. The petitioner seeks a direction to the respondent- Bihar State Electricity Board to ensure payment of salary admissible to his late father till the date of his death. 2. According to the writ petition, Shyam Nath Mistri, the petitioner’s late father, was appointed as a Blacksmith by the respondent Board on a purely temporary basis, vide Office Order No.428, dated 22.6.1973 (Annexure-1). The employee functioned till 27.2.1999, whereafter his services were dispensed with for undisclosed reason and he ultimately died on 2 8.8.2000. The petitioner seeks direction that the salary for the period 27.2.1999 to 8.8.2000, admissible to his late father be paid to him, being his heir and legal representative. 3. On a perusal of the materials on record and consideration of the submissions of learned counsel for the parties, it appears that the petitioner’s father retired on 27.2.1999, perhaps on attaining the age of superannuation, and the writ petition perhaps involves the issue of determination of date of birth of the late employee which is not possible in writ jurisdiction. It also suffers from delay laches, negligence and acquiescence. On the own showing of the petitioner, the employee had last worked up to 27.2.1999, and the present writ petition was lodged in this Court on 1.12.2005. 4. The writ petition is dismissed. (S.K. Katriar, J.) S.K.Pathak/