IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6278 of 2009 NARESH PRASAD SINHA Versus THE STATE OF BIHAR & ORS ----------- 2 19.5.2009 Heard counsel for the petitioner and counsel for the State. The petitioner earlier was given promotion on 7.9.1993 with a prospective date. Later on 21.7.1994, such promotion was made retrospective with effect from 7.9.1992. The petitioner after almost fifteen years of such cause of action of getting salary for the period 7.9.1992 to 7.9.1993 has filed this writ application on the ground that the gradation list issued in the year 2007 had only given him such cause of action and therefore, this Court should issue a direction for payment of salary of the petitioner. Admittedly, the cause of action of the payment of salary of the period 1992 to 1993 arose in the year 1994 and if the petitioner had slept over his right for next fifteen years, this Court would not encourage it by entertaining a wholly belated writ application. Counsel for the petitioner would submit 2 that others have been given benefit in the year 2007 when the matter was ultimately remitted by the Supreme Court. It is to be noted that the matter before the Supreme Court was not with regard to the payment of salary rather for seniority and that would not have affected the right of the petitioner had there been a stipulation for payment of salary even for the period he had not worked on the post. Obviously, notional promotion given for the period 1992-93 could not have qualified for payment of salary and if that was not paid at that point of time, the petitioner after fifteen years cannot claim for the same. Accordingly, this writ application, being devoid of any merit, is hereby dismissed. Rsh (Mihir Kumar Jha, J.)