IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14545 of 2009 1. SHASHI BHUSHAN PRASAD GUPTA S/O LATE YADUWANSH PRASAD GUPTA MOH- KASHIPUR, P.S. SAMASTIPUR, DISTT. SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY ROAD CONSTRUCTION DEPTT., GOVT. OF BIHAR, PATNA 3. DEPUTY SECRETARY INCHARGE ESTABLISHMENT ROAD CONSTRUCTION DEPTT., GOVT. OF BIHAR, PATNA 4. ENGINEER IN CHIEF CUM ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY ROAD CONSTRUCTION DEPTT., BIHAR, PATNA ----------- 2. 17.11.2009 Heard learned counsel for the petitioner and the State. The petitioner came to this Court in C.W.J.C. No. 13363 of 2000. This Court on 25.4.2008 noticed the claim that despite a recommendation in 1999 to the BPSC for promotion vigilance clearance was not forthcoming leading to denial of consideration and superannuation in 2001 when his superannuation was urged as a ground to deny further consideration. Then followed the order dated 9.3.2009 granting him promotion as an Assistant Engineer (Civil) with effect from 4.8.1999. The order dated 25.4.2008 then merged into the final order of this Court dated 8.7.2009 that the solitary relief prayed for in the writ application stands granted. The claim in the writ application now is for such promotion with effect from 1.4.1995. On the query of the Court that such plea not having been raised on the earlier occasion but only from 1999 and therefore this writ application was barred by constructive res-judicata. Learned counsel 2 submitted that at the stage of final orders on 8.7.2009 he had prayer for time to seek further instruction. The order in C.W.J.C. No. 13363 of 2000 has attained finality and has not been questioned by the petitioner. The writ petition is barred by constructive res-judicata and this Court is of the firm opinion that any liberty granted to him to represent before the authority shall not create a fresh cause of action giving unending liberty to approach this Court for the same relief in different manners at different times. The writ application is dismissed. P. Kumar (Navin Sinha, J.)