IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1346 of 2011 In Civil Writ Jurisdiction Case No. 10549 of 2011 ====================================================== Smt. Kanti Singh, W/o, Late Kameshwar Singh, Ex. Electrical Senior Engineer (Executive Engineer), Resident of 116, Anandpuri, P.S.-S. K. Puri, Patna, District-Patna. .... .... Petitioner/Appellant Versus 1. The Bihar State Electricity Board through its Secretary, Vidyut Bhawan, Patna. 2. The Chairman, Bihar Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 3. Jharkhand Electricity Board through its Secretary, Ranchi. 4. General Manager-Cum-Chief Engineer, Jharkhand Electricity Board, Ranchi. 5. Joint Secretary (Department of General Administration), Bihar State Electricity Board, Vidyut Bhawan, Patna. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Dronacharya, Advocate. For the Respondents : Mr. Sanjay Kumar Giri, Advocate. For the Respondent nos. 3 & 4: Mr. Dhruba Mukherjee Mr. Neeraj Kumar, Advocates. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 28-09-2011 Feeling aggrieved by the judgment and order dated 5th July 2011 passed by the learned single Judge in above CWJC NO. 10549 of 2011, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant is the widow of one Kameshwar Singh. The said Kameshwar Singh, an Assistant Electrical Engineer in the service of the respondent Bihar State Electricity Board (hereafter referred to as ‘the Board’) died in harness on 5th October 1997. Since the death of the said Kameshwar Singh, the appellant, the widow came before this Court time and again for extension of benefit of terminal dues of the deceased Kameshwar Singh. In 2005 she approached this court in CWJC No. 6692 of Patna High Court LPA No.1346 of 2011 (2) dt.28-09-2011 2 / 2 2 2005 for grant of benefit of promotion/enhancement of scale to her husband late Kameshwar Singh. The learned single Judge at the relevant time allowed the claim to the extent that the appellant was permitted to make representation in the said matter. Such representation has been rejected by the Board on 11th February 2010. The challenge to the said order dated 11th February 2010 in above CWJC No. 10549 of 2011 has been rejected on the grounds of delay and laches and also as barred by principles of constructive resjudicata. Learned Advocate Mr. Dronacharya has appeared for the appellant. He has submitted that the claim of the appellant should not have been rejected on the grounds of delay and laches. The husband of the appellant died in 1997. Thereafter by order made in 1999, the husband of the appellant had been granted promotion from 1994. He has submitted that considering the three consecutive A.C.Rs. from 1977 to 1980, the claim for deemed promotion has been rejected by the Board. He has submitted that after 1980 late Kameshwar Singh was allowed to cross the efficiency bar on 5th February 1986. Once he was allowed to cross the efficiency bar, his promotion should have been a matter of course. We see no merit in this Appeal. The learned single Judge has rightly rejected the claim as recorded hereinabove. Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)