IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5373 of 2009 RAM AKWAL SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 26.10.2010 Heard learned counsel for the petitioner, for the State and for the Accountant General. The petitioner is stated to have retired on 31.12.1997. He seeks protection of the pay scale from 23.5.1973 to 31.12.1997 and questions the continued wrong grant of pay scale to him consequently as also denial of the revised pay scale from 1.1.1996. Earlier he had filed C.W.J.C. No. 6798 of 2001 which was dismissed for default on 27.7.2001. The petitioner attempted for restoration of his application twice by M.J.C. Nos. 2760 of 2001 and 226 of 2003 both of which were dismissed on 25.1.2002 and 5.3.2003 respectively. The matters thus attained finality. The petitioner did not question the orders of the Court before any superior forum. This Court in exercise of its discretionary writ jurisdiction is therefore not persuaded to interfere in this stale matter as the petitioner is not even able to explain why after dismissal of his 2 second restoration application in 2003, he waited for six long years to file the present application. Notwithstanding the reluctance of this Court to entertain the writ application because of stale and belated claim, if the petitioner represents before the respondents nothing precludes them from considering his claims in accordance with law in their wisdom. The reluctance of the Court to entertain the writ application as a legal cause of action before a Court of law has no bearing or relevance with the administrative discretion of the respondents. It is however made clear that any orders to be passed on such fresh representation shall not vest a fresh cause of action in the petitioner to approach this Court tantamounting to condonation of the stale nature of the claim. If the petitioner represents, this Court expects the respondents to consider the same expeditiously. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)