IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7609 of 2003 Rameshwar Prasad Yadav, Son of late Rajendra Prasad Yadav, Permanent resident of Village Sherpur, Police Station Chapra Muffasil, District Saran, retired Joint Director, Agriculture, Government of Bihar, at present residing at Mohalla Rajendra Nagar, Road no. 10, Police-Station Kadamkuan, in the Town and District Patna. -------- Petitioner Versus 1. The State of Bihar. 2. The Agriculture Production Commissioner, Bihar, Patna. 3. The Additional Secretary, Agriculture Deptt., Government of Bihar, Patna. 4. The Director Agriculture, Bihar, Patna. 5. The Director, Agriculture Administration cum Deputy Secretary, Bihar, Patna. 6. The Joint Secretary, Agriculture, Department Government of Bihar, Patna. 7. The Secretary, Personal and Administrative Reforms Department, Government of Bihar, Patna. 8. The Commissioner, Finance, Government of Bihar, Patna. 9. The Secretary, Cabinet Secretariate and Co-ordination Department, Government of Bihar, Patna. 10. Deputy Secretary, Agriculture Deptt., Govt. of Bihar, Patna. ------- Respondents ----------- 3 7.12.2009 No one appears on behalf of the petitioner. The prayer of the petitioner in this writ application reads as follows:- “1. That this is an application for issuance of necessary writ or writs, orders and directions as the nature of the case may require and specially writ in the nature of writ of certiorari quashing the order dated 26.11.1998 by Respondent no.5 as contained in Letter no. 4797 (Annexure-4) and specially Writ in the nature of writ of mandamus 2 directing respondents to promote the petitioner to the Scale according to “Kalabadhi Rules” framed by the State Government being letter no. 1011/93 dated 15.12.1994 (Annexure- 3), a uniform Claender for promotion of officers of Agriculture Department and further the respondents be directed to compensate the financial losses incurred because of not promoting the petitioner to higher scale as per Kalabadhi rules and further the Respondents be directed to pay retiral benefit, after deciding the matter of due promotions according to Kalabadhi rules (Annexure-3), to the petitioners.” The sum and substance of the aforementioned prayer of the petitioner, a retired Joint Director of Agriculture is to re-open the issue of his promotion while he was in service some fifteen years back. The pleadings in this writ application would also go to show that the petitioner earlier had filed CWJC No. 5007 of 1997 and 5555 of 1997 for the same relief of promotion while seeking his promotion on the post of Director, Agriculture and pursuant to a direction of this Court in CWJC No. 5555 of 1997, the respondents had passed an order on 26.11.1998 3 rejecting the claim of the petitioner by giving the following reasons:- ^^fcgkj ljdkj] d`f"k foHkkxA i= la[;k &1@,0dksVZ&49@97&4797 lfpok0 d`0 iVuk] fnukad 24-11-98 izs"kd] Jh ,l0 ,e0 vykmn~nhu] ljdkj ds mi lfpoA lsok esa] Jh jkes”oj izlkn ;kno] lsok fuo`r la;qDr d`f’k funs”kd ¼eq[;ky;½ fcgkj] iVukA fo’k; %& lh0MCyw0ts0lh0 la0 5555@97 ,oa 5007@97 esa ikfjr vkns”k ds vuqikyu esa vkidksa ns; izksUufr ij fopkj djus ds lEcU/k esa A izlax %& vkidk vH;kosnu i=kkad 316 fnukad 28-11-97- egk”k;] funs”kkuqlkj mi;qZDr fo’k; ,oa vkids izklafxd i= dh vksj vkidk /;kukd`’V djkrs gq, dguk gS fd lh0MCyw0ts0lh0 la0 5555@97 esa fnukad 27-10-97 dks ikfjr U;k;kns”k ds vuqikyu esa vkidks ns; dkyc) izksUufr ij foHkkx dks fu;ekuqlkj fu.kZ; ysuk FkkA 2- d`f’k foHkkxh; vf/klwpuk la[;k 10823 fnukad 22-6-73 }kjk vkidh fu;qfDr fcgkj yksd lsok vk;ksx dh vuq”kalk ij fcgkj d`f’k lsok oxZ 2 ds osrueku~ esa fnukad 13-7-73 dks gqbZA 3- foRr foHkkx ds ladYi la0 10770 fnukad 30-12-81 dh dafMdk 11 esa fofgr izko/kku ds vuqlkj izfke fu;qfDr dh frfFk 13-7-73 ls 10 o’kksZ dh lsok }kjk duh; izoj dksfV ds osrueku 1350&2000 esa fnukad 13-7-83 ds izHkko ls izfke dkyc) izksUufr nh xbZA mDr osrueku esa vkidks fu;fer izksUufr vf/klwpuk la0 14622 fnukad 16-12-89 }kjk nh xbZA 4- foRr foHkkx ds mi;qZDr ladYi ds vuqlku vkidks 25 o’kZ dh lsok vof/k iwjh gksus dh frfFk 13-7-98 ls f}rh; dkyc) izksUufr ns; gksrh ijUrq blds iwoZ dh vf/k0 la0 4701 fnukad 8- 6-96 }kjk vkidks 1-2-92 ds izHkko ls ojh; izoj dksfV osrueku 3700&5000 :0 esa ,oa 257 fnukad 14-1-97 }kjk lqijVkbe Ldsy esa fu;fer izksUufr nh xbZ gSA bl izdkj vkidks lsok fuo`fr dh 4 frfFk 30-11-97 rd ns; fu;ekuqlkj izksUufr vkidks nh tk pqdh gSA vr% mi;qZDr of.kZr rF; vkids dkyc) izksUufr lEcfU/kr vH;kosnu ds vkyksd esa lwpukFkZA fo”oklHkktu g0@& vLi’V ljdkj ds mi lfpo** In the opinion of this Court, the reasons given therein are not only germane but also in accordance with the Government rules. That apart, the respondent nos. 1, 2, 3 & 5 have in their combined joint counter affidavit filed in this case in which the case of the petitioner has been explained as follows:- “4. That with regard to the statements made in Paragraph No. 1, 4 to 6, 9, 11, 15 and 16 of the writ petition at the out set it is sated that instant writ petition has been filed for quashing the Department’s letter No. 4797 dated 26.11.1998 (Annexure- 4) claiming there in for promotion on the basis of Kalawadhi. 5. That it is worth mentioning here that from the perusal of Annexure-4, it is evident that the petitioner has already been giving promotion in first time bound promotion in the pay scale of 3000-4500 with effect from 13.7.1983 and regular promotions in Junior Selection Grade in the same scale with effect from 16.12.1989. Petition has also been 5 grant Senior Selection Grade in the pay scale of 3700-5000 and the pay scale of Super time scale Rs. 4100- 5300. Petitioner has been accorded above promotions along with similarly situated persons. It is also to mention here that no junior to the petitioner has been given any above promotion from the earlier date as evident from the Annexures of the instant writ. It is also evident from the above Annexures that all seniors to the petitioners have been given junior selection grade as well as super time scale from the date, petitioner has been given. 6. That it is also pertinent to mention here that certain terms and conditions are fixed for effecting promotion such as seniority, Roastor, availability of posts along with Kalawadhi, Therefore, the promotion is not admissible merely on the ground of completion of Kalawadhi only.” There is also no denial to the aforementioned aspect by the petitioner nor his counsel is present. Thus, treating the aforementioned facts to be admitted facts, there would be hardly any prospect for this Court to find any merit in this writ application and consequently this writ application must be and is hereby dismissed 6 both on the ground of merit as also laches on the part of the petitioner who had moved this Court by assailing the impugned order passed on 26.11.1998 by filing this writ application after a period of five years i.e. on 5.8.2003. That being so, with the aforementioned observations, this application is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)