IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9288 of 2006 FREDERICK BHENGRAJ, son of late Samuel Bhengraj, retired Chief Engineer, Road Construction Department, Govt. of Bihar, presently residing in Mohalla – in front of Ashok Nagar, Road no.3, P.O. Doranda, District and Town – Ranchi, Jharkhand. Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Road Construction Department, Govt. of Bihar, Patna. 2. The Secretary, Finance Department, Govt. of Bihar, Patna. 3. Accountant General, Bihar, Vir Chand Patel Path, Patna. 4. The Treasury Officer, Ranchi. 5. State of Jharkhand. ----------- 02. 24.11.2010 Petitioner retired way back on 31.7.1999. His claim is to declare him as Chief Engineer on a substantive basis. No such relief can be granted to him especially in view of the fact that he retired years ago i.e. almost 11 years ago and questions which have been raised now for asserting his claim cannot be looked into because there was no post available to be offered to the petitioner. It was being occupied by a person known as Ramawtar. Whatever was his actual status with regard to caste, the fact is that petitioner was ousted from the zone of consideration due to judicial order and this Court is not going to upturn that order now at this stage. The reasons given in the impugned order are cogent and valid and it does not require any interference as it could amount to unsettling a settled position fought right up to Supreme Court. The writ application is dismissed. rkp ( Ajay Kumar Tripathi, J.)