IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3594 of 2003 DEVENDRA PRASAD THAKUR, son of late Mathura Thakur, resident of village Koiria Niemar P.S. Paree District Muzaffarpur, at present posted as Assistant Teacher at Sri Badri Narayan Singh Madhya Vidyalaya, Jaitpur, P.S. Saraiya, District Muzaffarpur. Versus 1.THE STATE OF BIHAR, through the Secretary, Deptt. Of Primary, Secondary and Adult Education, Government of Bihar, Patna. 2.Director, Primary Education, Government of Bihar, Patna. 3.District Superintendent of Education, Muzaffarpur., ----------- 3 5.8.2010 Heard counsel for the parties. Prayer of the petitioner in this writ application reads as follows:- “That the present application is for issuance of a writ in the nature of writ of mandamus directing the respondents to consider the case of the petitioner in accordance with his seniority and qualification and accordingly he shall be given the status and pay scale for which he is entitled as he is M.A. of trained but from his date of appointment till date he is working in matric trained scale although he has completed 17 years of his service as matric trained and inspite of several direction issued by the higher authority and representations filed by the petitioner from time to time no action has been taken by the concerned authority till date and/or pass such other order or orders as your Lordships may deem fit and proper.” Such a prayer on the face of record is not only vague but also hit by the vice of delay and laches specially when not a single case been cited by the petitioner to show that someone junior to him has been given the higher post of B.A. Trained scale by way of promotion. 2 That being so, while this Court would not find any merit in this writ application, liberty is given to the petitioner to represent his case for consideration of his promotion in the B.A. trained Scale of pay and the authority will be under obligation to consider the same and pass an order strictly in accordance with law. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)