IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7193 of 2003 YOGENDRA PRASAD SINGH son of Late Yadu Prasad Singh, resident of village and post Dumri, P.S. Sahpur, Patori, District Samastipur. At present working as Lab boy in Geography department in R.B.S. College, Andaur, Mohiuddinnagar, District Samastipur. Versus 1. THE LALIT NARAYAN MITHILA UNIVERSITY, Kameshwar Nagar, Darbhanga, District Darbhanga through its Registrar. 2. The Vice- Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga, District Darbhanga. 3. The Registrar, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga, District Darbhanga. 4. The Principal, R.B.S. College, Andaur, Mohiuddinnagar, District Samastipur. 5. Rajdeo Roy son of not known, Lab Incharge, Department of Zoology, Samastipur College, Samastipur, District Samastipur. ----------- 5 23.08.2010 Heard counsel for the parties. Prayer of the petitioner in this writ application reads as follows:- “(i)To grant promotion to the petitioner on class III post in R.B.B. College, Andaur, Mohiuddinnagar, District Samastipur with effect from the date juniors to the petitioner have been granted promotion on class III post. (ii)To pay fully salary and other benefits of class III post to the petitioner with effect from the date juniors to him have been granted promotion on class III post and its full salary and benefits. (iii)To allow the petitioner to Continue in service upto 31.7.05 i.e. upto attainment of his 62 yrs. Age and to pay full salary and other benefits of service to the petitioner upto 31.7.05.” This writ application was filed on 29.7.2003 and despite expiry of period of seven years no counter affidavit has been filed. From perusal of the records of this case it would appear that the petitioner having attained the age of 2 superannuation, as is prescribed under section 67 of the Bihar State Universities Act, had filed this writ application for extension of his service up to 62 years and also for claiming promotion on Class III post without giving the date of promotion of his juniors and/or claiming salary for the period such juniors were given promotion. The order of promotion which has been relied by the petitioner claiming them to be junior to the petitioner is dated 12.3.1985 and therefore it becomes clear that the petitioner had sought to actually raise a cause of action of the year 1985 by filing this writ application on 29.7.2003. Admittedly, the petitioner has retired from service on attaining the age of 60 years and therefore after retirement he cannot be allowed to reopen the cause of action of the year, 1985 either for claim of promotion or for payment of salary. Consequently, this writ application being devoid of any merit is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)