IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.277 of 2011 IN CIVIL WRIT JURISDICTION CASE No. 15303 of 2010 WITH INTERLOCUTORY APPLICATION No. 1218 of 2011 IN LETTERS PATENT APPEAL No. 277 of 2011 ==================================================== Arvind Singh son of late Bhushan Singh resident of Mohalla Ara Garden Road, Bailey Road, B.V.C. Post Office, P.S.-Danapur, Patna. …. …. Petitioner-Appellant Versus 1. The Food Corporation of India, 16-20, Barakhamba Lane, New Delhi through Managing Director. 2. Executive Director, East Zone FCI, Zonal Office, 10 A, Middaction Raw, Kolkata, 71. 3. General Manager, Region, F C I Regional Office, Arunachal Building, Exhibition Road, Patna. …. …. Respondents-Respondents ==================================================== Appearance : For the Appellant : Mr. Shivajee Pandey, Senior Advocate with Mr. Braj Nandan Kumar Tiwary, Advocate For the Respondents: Mr. Prabhakar Tekriwal, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5. 1.3.2011. Re. Interlocutory Application No. 1218 of 2011: This application under Section 5 of the Limitation Act is made by the appellant for condonation of delay of seven days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. - 2 - Letters Patent Appeal No. 277 of 2011: This Appeal preferred under Clause 10 of the Letters Patent arises from the judgment and order dated 1st October 2010 passed by the learned single Judge in above C.W.J.C. No. 15303 of 2010. The appellant-writ petitioner was appointed in the Food Corporation of India in the year 1976 as an Assistant Grade-III (Depot). Over the course of time he was promoted as Assistant Grade-II in the year 1988. That order was not implemented until the year 1994. After his actual promotion in the year 1994 as Assistant Grade-II he was further promoted as Assistant Grade-I in the year 2004. In the writ petition filed in the year 2010 the appellant claimed deemed promotion as Assistant Grade-II above one Sri Tripurari Saran Jamaiyar and a further promotion as Assistant Grade-I from the year 2000. It is not in dispute that the said Sri Tripurari Saran Jamaiyar was promoted as Assistant Grade-II on 22nd December 1987 i.e. before the appellant was so promoted in the year 1988. Evidently, in the cadre of Assistant Grade-II the said Sri Tripurari Saran Jamaiyar was senior to the appellant. The appellant’s claim for promotion and placement above the said Sri Tripurari Saran Jamaiyar as Assistant Grade-I and further promotion as Depot Manager are ex facie misconceived. Besides, the inordinate delay in approaching this court in the year 2010, six years after he was actually promoted as Assistant Grade-I in the year 2004 has not been explained. - 3 - In above view of the matter, we are of the opinion that the learned single Judge has rightly rejected the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)