IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.736 of 2009 KEDAR PRASAD SINGH . Versus THE STATE OF BIHAR &ORS . ----------- 2. 27.06.2011 Heard learned counsel for the petitioner and the State. The petitioner superannuated from the post of Assistant Engineer in the Public Works Department on 31.12.1997. He is aggrieved by promotion given to his junior in the year 1978. The contention on his behalf that the seniority list was published in 1985, even if accepted though not pleaded in the writ application still remains unanswered in the pleadings why he never raised the issue during his service tenure. Even thereafter he preferred to keep quite for nearly 11 long years after his superannuation. There is no explanation in the writ petition whatsoever with regard to the delay during service and after service. Any interference at this belated stage on issues of seniority is bound to have a serious cascading effect disturbing settled position with regard to those having marched ahead sanguine in their status. It is settled law that in service matters, delay is vital as it may affect created third party rights. 2 Learned counsel for the petitioner sought to rely upon an order of this Court dated 12.11.1993 in C.W.J.C. No. 4286 of 1993. The Court does not consider it necessary to go into the merits of the same. Assuming that it does apply to the facts of the case, it still remains for him to answer that if the judgment was delivered in 1993, why did he not seek his remedy under the same. There has to be a difference between those who are vigilant about their rights to approach the Court in time and those who are indolent. That ground alone is sufficient to distinguish the case of the petitioner from 1993 to 2009. The writ application is dismissed on the ground of delay and laches. P. Kumar ( Navin Sinha, J)