IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6601 of 2004 RAJESH NATH SINHA S/O LATE RAVINDRA NATH SINHA AT PRESENT POSTED AS PEON, NATIONAL SAVINGS Finance DEPARTMENT, HAJIPUR, VAISHALI -----------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECY. FINANCE DEPTT. GOVT. OF BIHAR,PATNA 3. THE DIRECTOR NATIONAL SAVINGS FINANCE DEPTT. GOVT. OF BIHAR ,PATNA 4. THE JOINT DIRECTOR, NATIONAL SAVINGS, FINANCE DEPTT. GOVT. OF BIHAR, PATNA 5. ADDL. SECY-CUM-DIRECTOR, NATIONAL SAVINGS, FINANCE DEPTT. GOVT.OF BIHAR, PATNA 6. DEPUTY DIRECTOR, NATIONAL SAVINGS PATNA DIVISION, PATNA 7. EXECUTIVE OFICER, NATIONAL SAVINGS FINANCE DEPTT, HAJIPUR, VAISHALI-------------------RESPONDENTS. ----------- 3 26.7.2010 Heard learned counsel for the parties. Some facts are not in dispute that the petitioner was appointed on compassionate ground on a Class III post with a rider that he must pass the typing test within a year of such appointment. Test was conducted twice over but the petitioner did not qualify any of these tests. Since the order of appointment was conditional and the capability of the petitioner to perform his duty on a Class III was not established, the respondent issued an order dated 1.10.96 putting the petitioner on a Class IV post of a peon. The order in question contained in annexure-1 is dated 1.10.96 but the petitioner chose to challenge this order in the present writ application only in the year 2004 when the writ application was filed on 17.6.2004. Obviously the petitioner has worked on the reverted post and the order in question stood enforced for almost eight years he accepted this position. In view of above, the Court is not willing to pass such an order after so many years to unsettle the settled position. - 2 - The delay and laches are good grounds for dismissal of the writ application. This writ application stands dismissed. RPS (Ajay Kumar Tripathi,J.)