IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14150 of 2002 SONA JOSEPH, D/o late A.Joseph, a retired Headmistress, Rajkiya Kanya Madhya Vidyalaya, Jagdishpur, at present resident of Mohalla Machharahatta Road, Ward No.4, Jagdishpur, P.S. Jagdishpur, District Bhojpur … Petitioner Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, new Secretariat, Bihar, Patna 3. Regional Deputy Director of Education, Patna Division, Patna 4. District Education Establishment Committee, through Chairman, Collector, Bhojpur at Arrah 5. District Superintendent of Education, Bhojpur at Arrah 6. Kshetriya Shiksha Padadhikari (Area Education Officer), Bihea, P.O. Bihea, District Bhojpur … Respondents. ----------- 3. 2.7.2010 Heard counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “This writ application is directed for issuance of an appropriate writ in the nature of mandamus/ certiorari and other writ(s), order(s)/direction(s), commanding the respondents to pay the arrear salary to the petitioner on the basis of the pay scale of I.A. trained with effect from the year 1982 and trained graduate Headmistress pay scale with effect from the year 1985 with suitable interest and also to pay the difference of retirement benefits dues with suitable interest after 2 fixing the pension on the basis of the pay scale of trained graduate Headmistress.” Counsel for the petitioner with reference to the aforementioned relief would submit that though the petitioner had retired in the year 1997 but then her claim with regard to grant of I.A. trained scale of pay with effect from 1982 and graduate trained scale of pay with effect from 1985 were never finalized in her service span and therefore, this Court should direct the respondents to consider the case of the petitioner for grant of such promotional post in the I.A. trained scale of pay and B.A. trained scale of pay with effect from 1982 and 1985 respectively. In the considered opinion of this Court a writ petition filed in the year 2002 seeking to raise the cause of action of the year 1982 and 1985 cannot be entertained much less adjudicated. The delay and laches on the part of the petitioner as with regard to seeking such relief is staring in her face and therefore, this writ petition is fit to be dismissed. In fairness to the submission of 3 Mr. Vidhya Sagar, learned counsel for the petitioner, this Court also must hold that by the order of this Court dated 19.3.1998 passed in C.W.J.C.No. 8420/1988 the delay with regard to the present writ petition and its cause of action is in no manner explained. From the reading of the order dated 19.3.1998 in C.W.J.C.No. 8420/1988 it would be clear that earlier the petitioner had come only questioning posting of a male teacher in her Middle School which was a Girls Middle School. It was in that context this Court had stayed the operation either of such order of posting or promotion given to Rash Bihari Prasad Singh, who was posted in Girls Middle School, Jagdishpur as Headmaster. In the opinion of this Court the relief, therefore, had nothing to do with the present writ petition where the claim of retrospective promotion from 1982 and 1985 have been claimed after almost 17-20 years after the cause of action. Added to it, there is no averment even in the writ application that any person junior to the petitioner had been granted such promotion 4 in such I.A. and B.A. trained scale of pay during the period she was continuing in service. That being so, this application is wholly misconceived and is, accordingly, dismissed. (Mihir Kumar Jha,J.) Surendra/