IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1408 of 2011 In Civil Writ Jurisdiction Case No. 14276 of 2010 ====================================================== Tripurari Prasad Singh, S/o Sita Ram Singh, R/o Village - Mohanpur, P.O and P.S. - Barahat, District - Banka, presently residing at “Taralaya”, R/o Tarapur (Near Adarsh High School, Tarapur), District - Munger .... .... Petitioner - Appellant Versus 1. The State of Bihar through Chief Secretary, Govt. of Bihar, Old Secretariat, Patna-1 2. The Commissioner – cum – Secretary, Human Resource Development Department, New Secretariat, Bailey Road, Patna-1 3. Direcoter – cum - Drawing and Disbursing Officer, Secondary Education Board, Budh Margh, Patna 4. Commissioner, Munger Division, Fort Area, Munger 5. Regional Deputy Director of Education, Fort Area, Munger 6. District Education Officer, Fort Area, Munger 7. Headmaster, Mahabir High School, Shantinagar, Tarapur, Munger 8. Treasury Officer, Fort Area, Munger 9. Accountant General (A & F), Birchand Patel Path, Patna-1 10. Manager, S.B.I., Asarganj, Munger .... .... Respondents – Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Chandrashekhar Singh, Sr. Advocate & Mr. Lalan Kumar Singh, Advocate. For the Respondent/s : Rajesh Kumar Sinha, AC to GP 21. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 16-12-2011 Feeling aggrieved by the order dated 20th April 2011 made by the learned single Judge in CWJC No. 14276 of 2010, the writ petitioner has preferred this Appeal under Patna High Court LPA No.1408 of 2011 (3) dt.16-12-2011 2 / 2 2 Clause 10 of the Letters Patent. The writ petitioner is a retired teacher. While in service he was given second time bound promotion under order dated 10th July 1990. The said order dated 10th July 1990 came to be cancelled in 1992. Feeling aggrieved, the appellant filed above writ petition in 2010; 18 years after the date of cause of action and 9 years after his retirement from service. The petition has been dismissed on the grounds of delay and laches. Therefore, this Appeal. Learned Advocate Mr. Chandrashekhar Singh has appeared for the appellant. He has submitted that withdrawal of the time bound promotion has a reflection on the retrial benefits of the appellant. The appellant now receives pension at a reduced rate. The appellant thus suffers a continuing wrong. Therefore, the appellant be allowed the relief prayed for. In support of his argument, Mr. Singh has relied upon the judgment of the Hon’ble Supreme Court in the matter of Union of India & Ors. Vs. Tarsem Singh {2008 (8) SCC 648}. We are unable to agree with Mr. Chandrashekahar Singh. Undoubtedly, the withdrawal of the promotion resulted in reduction in pay and reduction in pay would be reflected in the retrial benefits also. In our opinion, it cannot be said to be a continuing wrong. The belated challenge has rightly not been entertained by the learned single Judge. Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)