IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.583 of 2001 DINESHWAR ROY, son of late Bhaggu Roy, village Baruna Rasalpur, P.O. Kishanpur Ghat, District Samastipur at present working as Assistant Teacher Incharge Headmaster Anup High School Bhat Simari Rajnagar District Madhubani … Petitioner Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary Department of Secondary Education, Bihar, Patna 2. The Director, Secondary Education, Bihar, Patna 3. Regional Deputy Director Education, Darbhanga 4. The District Education Officer, Madhubani … Respondents ----------- 4. 17.8.2010 Heard Mr. M.P.Shukla, learned counsel for the petitioner and the learned counsel for the State. The prayer of the petitioner in this writ application reads as follows: “ This is an application for issuance of a writ of certiorari for quashing the memo no. 207 dated 28.3.1995 (Annexure 4) with which the petitioner has been granted senior scale from 4.4.1993 in stead of from 4.8.1991. It is further prayed to direct him to grant senior scale from 4.8.1991 in the light of order contained in paragraph 13 of the Departmental memo no. 25571-710 dated 12.8.1978 letter no. 23529 dated 2.12.1975 and consequential relief thereafter.” As would appear from the aforementioned relief the cause of action to 2 the petitioner accrued on 28.3.1995 but this writ application was filed after almost six years on 12.1.2001. There is no explanation as with regard to delay of six years and therefore, the writ application suffers from vice of delay and laches. That apart the claim of the petitioner in this writ application, as noted above, is shifting his date of grant of senior scale from 4.4.1993 to 4.8.1991. This according to Mr. Shukla is admissible to the petitioner because the date of appointment of the petitioner shown in the B.A. trained scale of pay as 4.4.1981 according to him is incorrect which ought to have been 4.8.1979. Unfortunately there is no document on record to support that the petitioner was granted B.A. trained scale of pay with effect from 4.8.1979. Annexure 5, the order of additional increment passed in the year 1992 can hardly be substitute for holding an earlier appointment of the petitioner in the B.A. trained scale of pay with effect from 4.8.1979. That being so, even on merit the case of the petitioner does not require any 3 consideration and thus for the reasons indicated above this writ application is dismissed. (Mihir Kumar Jha,J.) Surendra/