IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1423 of 2011 In Civil Writ Jurisdiction Case No. 17039 of 2009 With Interlocutory Application No. 6824 of 2011 In Letters Patent Appeal No.1423 of 2011. ====================================================== Akhilesh Thakur, S/o Late Rudra Narayan, Resident of Alkapuri, Bhagwanpur, N.H. - 28 At / PO / PS / District - Muzaffarpur at present retired Workshop Superintendent, Muzaffarpur Institute of Technology, P.O. - M.I.T., District - Muzaffarpur. .... .... Petitioner - Appellant Versus 1. The State of Bihar through the Secretary, Department of Science and Technology, Bisheswaraiya Bhawan, Bailey Road, Patna. 2. Director, Department of Science and Technology, Visheswaraiya Bhawan, Baily Road, Patna. 3. Principal, Muzaffarpur Institute of Technology, P.O. - MIT Muzaffarpur, Dist. - Muzaffarpur. 4. Accountant General, Bihar, Patna, Birchand Patel Path, Patna. .... .... Respondents – Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Mithileshwar Prasad Shukla, Advocate. For the Respondent/s : Mr. Umesh Kumar, AC to GP 1. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 07-12-2011 Re. Interlocutory Application No. 6824 of 2011. The delay of 135 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Patna High Court LPA No.1423 of 2011 (4) dt.07-12-2011 2 / 3 2 Re. Letters Patent Appeal No. 1423 of 2011. The appellant, a retired Workshop Superintendent, Muzaffarpur Institute of Technology, has preferred this Appeal under Clause 10 of the Letters Patent against the judgment and order dated 19th February 2011 passed by the learned single Judge in above CWJC No. 17039 of 2009. In CWJC No. 3718 of 1991 filed by the appellant in the capacity of the Secretary of the Union, this Court, by its order dated 19th September 1991, held that the appellant and the others (Workshop Superintendents) were entitled to UGC scale and the consequential benefits. The said order was carried in Appeal before the Hon’ble Supreme Court. The Hon’ble Supreme Court held that the appellant and the others were entitled to the pay scale equivalent to the post of Assistant Professor. In compliance therewith, under Government Notification dated 7th June 1993, the Workshop Superintendents were extended the benefit of the pay scale of Assistant Professor. Since then the appellant, on reaching the age of superannuation, retired from service on 30th April 1994. Fifteen years thereafter, he filed CWJC No. 17039 of 2009 to claim promotion as an Associate Professor on completion of eighteen years of service as a Workshop Superintendent and that of Professor on completion of twenty five years of service as Workshop Superintendent. The claim has been rejected by the learned single Judge on the grounds of delay and laches and also on merits. The learned single Judge has held that the relief claimed in the writ petition was contrary to the claim upheld by the Hon’ble Supreme Court. Learned Advocate Mr. Mithileshwar Prasad Shukla Patna High Court LPA No.1423 of 2011 (4) dt.07-12-2011 3 / 3 3 has appeared for the appellant. He has submitted that the relief claimed by the appellant is in consonance with the Government letter addressed to the Accountant General. We see no merit in this Appeal. Learned single Judge has rightly rejected the petition on the grounds of delay and laches and as being contrary to the relief granted by the Hon’ble Supreme Court. No case for interference is made out. Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)