IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9103 of 2002 Parameshwar Sah, Son of Late Banni Sah, Resident of Village and Post Office Kharagpur, Parchu Horpa, P.S. Sonvarsa Kachari, District Saharsa. ------ Petitioner Versus 1. The State of Bihar. 2. District Superintendent Education (Saharsa). 3. Collector, Saharsa. 4. D.D.C., Saharsa. 5. Director Education, Saharsa. 6. R.D.D., Saharsa. ----------- Respondents ----------- 4 21.06.2010 No one appears on behalf of the petitioner. Counsel for the State is present. The prayer made by the petitioner in this writ application reads as follows:- “1. That by this writ petition the petitioner seeks following reliefs: For issuance of an appropriate writ in the nature of Mandamus on the Respondent authorities to consider the case of the petitioner to correct the second service book after extending the benefit of first service, the service rendered by the petitioner as Assistant teacher in Respondent department with effect from the date of his initial appointment on 15.11.65 the period before 1971 has not been considered to reasons best known to Respondent Authorities. And secondly for direction up on the respondent authorities to consider the case his two time bound promotion from his due date.” 2 From reading of the writ application, it would be clear that a cause of action for the petitioner as to whether he would be entitled for fixing of his date of initial appointment as 15.11.1965 or 1971 arose to him at least thirty years earlier before filing of this writ application on 7.8.2002. That apart, this Court is satisfied that the opening of service book to a person, who has already gone out of service on the date of filing of this application, was not permissible. Whatever entitlement was reasonable to the petitioner as having recorded in the service book, he could only ask for his payment and not for a direction to get the date of entry in the government service re-fixed for the purpose of extending the qualifying service with a design to get enhanced retirement benefit. That is simply not permissible in law. That being so, this application is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)