IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8220 of 2008 BHAIRAV MISHRA, S/O LATE SATYADEO MISHRA, R/O VILLAGE-PARMANADNPUR, P.S.-SRI RAMPUR, VIA- ANANDPUR, DISTRICT-DARBHANGA.……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. SECRETARY, COMMISSIONER, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, HEALTH SERVICES, GOVT. OF BIHAR, PATNA. 4. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES, DARBHANGA. 5. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, DARBHANGA. 6. INCHARGE MEDICAL OFFICER, GHOGHARDIHA, DARBHNAGA. 7. THE DISTRICT MAGISTRATE, DARBHANGA. 8. THE ACCOUNTANT GENERAL, BIHAR, PATNA. ………………RESPONDENTS. ----------- 7 22.07.2011 From Annexure-6 it appears that, promotion granted to the petitioner by Annexure-5 in 1984, already stood cancelled through letter dated 2079 dated 09.08.1985. It appears that, in spite of the same, petitioner continued on the post of Basic Health Worker which necessitated issue of Annexure-6 and order for recovery of excess salary paid to him from 09.08.1985 onwards. Petitioner has admittedly superannuated from service in 2007. He has filed this writ application in 2008 challenging an order of the Civil Surgeon dated 28.05.1994, as contained in Annexure-6, and the follow-up order of the In-charge Medical Officer dated 19.07.1994, as contained in Annexure-12. In the order of the Civil Surgeon, it has been 2 noticed that the promotion granted to the petitioner earlier was cancelled as far back as on 09.08.1985. However, in spite of the same, he had continued on the post of Basic Health Worker. Hence, order was passed for reverting him on class-IV post and for recovery of excess paid to him from 09.08.1985 onwards. This order must have taken effect in 1994 itself and the entire excess salary received by the petitioner must have recovered much prior to his superannuation in 2007. Now after superannuation and after more than 10 years of passing of the said order and after more than 20 years of cancellation of his promotion petitioner has filed this writ application. The application suffers from gross delay and laches and amounts to an attempt to abuse of the process of the Court. The same is dismissed with cost of Rs.5,000/- which the respondents shall realize from the pensionary benefits of the petitioner. Arvind/ ( J.N. Singh, J.)