IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.31 of 2010 KRISHNA KANAHAIYA SINGH Versus THE STATE OF BIHAR & ORS ----------- 5. 22.06.2011 This letters patent appeal has been filed against the order dated 09.11.2009 passed by the learned Single Judge in C.W.J.C. No. 61 of 2008 by which the learned Single Judge has dismissed the petition on the ground of delay and laches that the petition was filed after a considerable lapse of time. The grievance raised in the writ petition was that though the petitioner was given time bound promotion in the pay-scale of Rs. 940-1662 on the basis of tentative seniority list and the petitioner was paid the salary of this promotional post, after this promotion, a departmental proceeding was initiated against the petitioner and the petitioner was placed under suspension. The petitioner filed C.W.J.C. No.8753 of 1995 against the suspension order and the suspension order has been quashed by this Court vide order dated 21.1.1997. Thereafter, the departmental proceeding was withdrawn as the petitioner retired from the service. After retirement, the petitioner’s pension has been fixed and is being paid but in calculating the pension payable to the petitioner, the benefit of time bound promotion has been left as submitted by the learned counsel for the appellant. Since, the petitioner has not been paid salary on 2 the promoted post, as departmental proceeding was initiated and he was placed under suspension, therefore, the claim of the monetary benefits on the basis of Annexure-1 is misconceived, though order issued in fact has not been given effect to against suspension of the petitioner. Thus, apart from delay and laches in filing of the writ petition, on merits as indicated above, the petitioner is not entitled for the claim as the order was not given effect to. It is not in dispute that the total period of service has been taken into account for payment of pension. For the reasons recorded above, the appeal is dismissed. No order as to cost. Ravi/- ( Prakash Chandra Verma, j.) (Aditya Kumar Trivedi, J.)