CIVIL WRIT JURISDICTION CASE No.8868 OF 2005 ***** In the matter of an application under Article 226 of the Constitution of India. ***** ADHIKARI MITHLESH PRASAD, S/o Adhikari Maheshwar Prasad, resident of Mohalla- Quamruddin Ganj, P.O.- Bihar Sharif, P.S. Laheri, District- Nalanda. ..... Petitioner. Versus 1. THE STATE OF BIHAR, through the Finance Secretary, Government of Bihar, Patna. 2. The Commissioner, Commercial Taxes, Bihar, Patna. 3. The Joint Commissioner, Commercial Taxes, Gaya. 4. The Assistant Commissioner, Commercial Taxes, Bihar Sharif Circle, P.O. - Bihar Sharif, Nalanda. 5. The Under Secretary (Personal Claim Cell), Finance Department, Government of Bihar, Old Secretariat, Patna. 6. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna..... Respondents. ***** For the Petitioner: Mr. R.K.P. Singh, Advocate For the Respondents: Mr. Raj Nandan Prasad, Assistant Counsel to Advocate General. ***** P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL ***** S K Katriar & Kishore K. Mandal, JJ. The petitioner seeks a direction to the respondent authorities to grant him first time-bound promotion as well as second time-bound promotion with money benefits and the consequential benefits. 2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was appointed as a Clerk in the office of the Assistant Commissioner of Commercial 2 Taxes, Bisharsharif, Circle- Nalanda. The State Government promulgated a policy decision granting the benefit of time-bound promotions to its serving employees with effect from 1.4.1981. The petitioner superannuated from the services of the Bihar Government with effect from 30.11.2000, and received all his post-retirement benefits in 2002, excepting two items. He preferred C.W.J.C. No.5256 of 2003, seeking a direction to grant these two items, namely, the proceeds of the general provident fund as well as the conveyance allowance. The writ petition was disposed of by order dated 14.10.2003, whereby direction was issued to the respondents to make payment of the proceeds of the provident fund and also consider the admissibility of the claim for conveyance allowance. The petitioner complains before this Court that he ought to have been granted the benefit of first time-bound promotion and the second time-bound promotion from due dates with payment of differential amount of salary and re-computation of post-retirement benefits. 3. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the petitioner could have been given the benefit of first time-bound promotion with effect from 1.4.1981, and the second time-bound promotion with effect from 1.6.1992, if found admissible. It further appears to us that the petitioner was not given the benefit because he could not clear the departmental examination which 3 disentitles him from the benefits. It further appears that the petitioner received all his post-retirement benefits in 2002, excepting the aforesaid two items for which he had preferred the writ petition. It is thus evident that the petitioner is raising a stale claim the cause of action for which had arisen way back on 1.4.1981 and 1.6.1992. Furthermore, he preferred the writ petition for his money claims where he had full opportunity to raise all his claims. Not having been raised it will be deemed in law to have been raised the same and rejected in the earlier writ petition. Thirdly, it appears that the petitioner’s representation in this behalf has been rejected by order dated 5.9.2005 (Annexure-A), on the ground that he had not passed the departmental examination. We are convinced that this is a valid ground to deny the benefit of time-bound promotions. We do not find any merit in this writ petition. 4. In the result, this writ petition is dismissed. (S K Katriar, J.) (Kishore K. Mandal, J.) Patna High Court, Patna. Dated the 26th day of March, 2010. S.K.Pathak/(N.A.F.R.).