IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1142 of 2011 In Civil Writ Jurisdiction Case No. 6090 of 2011 ====================================================== 1. Mirtyunjay Kumar Sharma S/O Krishan Deo Sharma R/O Kailashpuri, Ward No.-8, Dumra, P.O.- Sitamarhi Court Dumra, P.S.- Dumra, Distt.- Sitamarhi 2. Ram Naresh Thakur S/O Late Ram Bhajan Thakur R/O Sri Krishnapuri, Dumra, P.O.- Sitamarhi Court Dumra, P.S.- Dumra, Distt.- Sitamarhi .... .... Petitioners-Appellants Versus 1. The B.R.A.Bihar University, Muzaffarpur through the Registrar of the University, Muzaffarpur. 2. The Vice-Chancellor, The B.R.A. Bihar University, Muzaffarpur 3. The Registrar, The B.R.A. Bihar University, Muzaffarpur 4. The State of Bihar through the Secretary of the Higher Education Department f The HRD Deptt. Govt., of Bihar, Patna 5. The Chancellor Universities of Bihar, Raj Bhawan, Patna .... .... Respondents/Respondents ====================================================== Appearance : For the Appellants : Mr. Raghav Prasad No.-1, Advocate For the Respondent State: Mr. Vikas Kumar, A.C. to Advocate General For the University: Mr. Rajendra Kumar Giri, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5. 09-09-2011 This Appeal under Clause 10 of the Letters Patent is Patna High Court LPA No.1142 of 2011 (5) dt.09-09-2011 2 / 3 2 preferred by the writ petitioners against the order dated 6th April 2011 made by the learned single Judge in above C.W.J.C. No. 6090 of 2011. The writ petitioners are the retired teachers of the B.R.A. Bihar University. After retirement from service in and around 2003, in 2011 the writ petitioners approached this Court under Article 226 of the Constitution to claim time bound promotion under the then prevalent Statute dated 24th December 1986 after its supersession in the year 1995. The writ petition has been dismissed by the learned single Judge on the ground of inordinate and unexplained delay and laches. Therefore, the present Appeal. Learned advocate Mr. Raghav Prasad No.1 has appeared for the appellants. He has submitted that the petitioners were not aware of the right to time bound promotion until the judgment of this court (Coram : Mridula Mishra, J.) of 17th May 2010 passed in C.W.J.C. No. 559 of 2010. Mr. Prasad has also filed supplementary affidavit to bring on record further materials. He has submitted that as late as on 9th June 2011 the University has invited applications from eligible teachers for time bound promotion. It may be noted that the said circular dated 9th June 2011 obviously applied to the teachers in service and not to the retired personnel. Besides, very circular mentions that, “Time Bound promotion scheme has been superseded vide Governor’s Secretariat letter No. BSU 20/95-2132 G.S. (I) dated 23.09.1995”. The appellants did not assert their right to promotion at the relevant time. The appellants cannot be permitted to raise the issue for the first time 24 years after the date of cause of action as Patna High Court LPA No.1142 of 2011 (5) dt.09-09-2011 3 / 3 3 observed by the learned single Judge and years after their retirement. The judgment delivered in a matter where the appellants are not a party cannot salvage the situation. We see no merit in this Appeal. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)